This case was last updated from Los Angeles County Superior Courts on 06/20/2019 at 02:09:15 (UTC).

SHAHIN S FATEMIAN ET AL VS GARFIELD PACIFIC DEVELOPMENT CO

Case Summary

On 02/15/2017 SHAHIN S FATEMIAN filed a Personal Injury - Other Personal Injury lawsuit against GARFIELD PACIFIC DEVELOPMENT CO. This case was filed in Los Angeles County Superior Courts, Compton Courthouse located in Los Angeles, California. The Judge overseeing this case is MAURICE A. LEITER. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****0643

  • Filing Date:

    02/15/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Compton Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

MAURICE A. LEITER

 

Party Details

Plaintiff and Petitioner

FATEMIAN SHAHIN S.

Defendants, Respondents and Cross Plaintiffs

THE BENDETTI COMPANY

GARFIELD PACIFIC DEVELOPMENT COMPANY

DOES 1 TO 25

NATIONWIDE UNIFORM GROUP INC

BENDETTI ROBERT

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

ROSS ROBERT S.

ROSS ROBERT STEVEN

Defendant Attorney

MACKEY ROBERT THOMAS

Cross Plaintiff Attorneys

EDWARDS KAMAU AYINDE ESQ.

LEONARD EDWARD RICHARD ESQ.

 

Court Documents

Demand for Jury Trial

4/20/2017: Demand for Jury Trial

Minute Order

5/30/2017: Minute Order

Notice of Ruling

9/22/2017: Notice of Ruling

SECOND AMENDED COMPLAINT FOR 1. NEGLIGENCE, ETC

10/16/2017: SECOND AMENDED COMPLAINT FOR 1. NEGLIGENCE, ETC

ANSWER TO SECOND AMENDED COMPLAINT

11/13/2017: ANSWER TO SECOND AMENDED COMPLAINT

Unknown

11/17/2017: Unknown

MOTION TO STRIKE PORTIONS OF PLAINTIFFS' SECOND AMENDED COMPLAINT BY DEFENDANTS, GARFIELD-PACIFIC DEVELOPMENT CO., THE BENDETTI COMPANY, AND ROBERT BENDETTI;ETC.

11/17/2017: MOTION TO STRIKE PORTIONS OF PLAINTIFFS' SECOND AMENDED COMPLAINT BY DEFENDANTS, GARFIELD-PACIFIC DEVELOPMENT CO., THE BENDETTI COMPANY, AND ROBERT BENDETTI;ETC.

ORDER RE: MOTION TO STRIKE PORTIONS OF SECOND AMENDED COMPLAINT

1/16/2018: ORDER RE: MOTION TO STRIKE PORTIONS OF SECOND AMENDED COMPLAINT

CROSS-COMPLAINT OF GARFIELDPACIFIC DEVELOPMENT CO., THE BENDETI?I COMPANY, AND ROBERT BENDETTI AGAINST NATIONWIDE UNIFORM GROUP, INC. FOR:

2/6/2018: CROSS-COMPLAINT OF GARFIELDPACIFIC DEVELOPMENT CO., THE BENDETI?I COMPANY, AND ROBERT BENDETTI AGAINST NATIONWIDE UNIFORM GROUP, INC. FOR:

Association of Attorney

5/29/2018: Association of Attorney

Substitution of Attorney

6/7/2018: Substitution of Attorney

Unknown

8/3/2018: Unknown

Unknown

8/14/2018: Unknown

Notice of Case Reassignment/Vacate Hearings

9/26/2018: Notice of Case Reassignment/Vacate Hearings

Notice

10/22/2018: Notice

Minute Order

11/26/2018: Minute Order

Unknown

1/24/2019: Unknown

Request for Judicial Notice

4/25/2019: Request for Judicial Notice

92 More Documents Available

 

Docket Entries

  • 05/30/2019
  • Request for Dismissal; Filed by Shahin S. Fatemian (Plaintiff)

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  • 04/25/2019
  • Motion for Summary Judgment; Filed by Garfield Pacific Development Company (Cross-Complainant); The Bendetti Company (Defendant)

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  • 04/25/2019
  • Separate Statement; Filed by Garfield Pacific Development Company (Cross-Complainant); The Bendetti Company (Defendant)

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  • 03/12/2019
  • at 09:00 AM in Department A, Maurice A. Leiter, Presiding; Hearing on Motion to Quash (Subpoena for Production of Business Records and for a Protective Order, and Request for Sanctions amounting to $2,600.00)

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  • 02/26/2019
  • at 09:00 AM in Department A, Maurice A. Leiter, Presiding; Hearing on Motion for Summary Judgment - Not Held - Rescheduled by Party

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  • 01/24/2019
  • Notice of Deposit - Jury; Filed by Nationwide Uniform Group Inc (Cross-Complainant)

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  • 01/09/2019
  • at 1:30 PM in Department 4; Hearing on Motion for Protective Order

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  • 01/09/2019
  • at 1:30 PM in Department 4; Hearing on Motion for Protective Order

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  • 01/09/2019
  • at 1:30 PM in Department 4; Hearing on Motion for Protective Order

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  • 01/03/2019
  • at 08:30 AM in Department A, Maurice A. Leiter, Presiding; Post-Mediation Status Conference - Not Held - Taken Off Calendar by Court

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109 More Docket Entries
  • 05/18/2017
  • NOTICE OF TAKING HEARING OFF CALENDAR DUE TO PLAINTIFF'S FILING OF FIRST AMENDED COMPLAINT

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  • 04/20/2017
  • Answer; Filed by Nationwide Uniform Group Inc (Cross-Complainant)

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  • 04/20/2017
  • Answer

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  • 04/20/2017
  • Demand for Jury Trial; Filed by Nationwide Uniform Group Inc (Cross-Complainant)

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  • 04/20/2017
  • Demand for Jury Trial

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  • 04/14/2017
  • DEFENDANTS, GARFIELD-PACIFIC DEVELOPMENT CO. AND THE BENDETTI COMPANY'S NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF PLAINTIFFS' COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES

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  • 04/14/2017
  • Motion to Strike; Filed by Garfield Pacific Development Company (Cross-Complainant)

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  • 02/15/2017
  • Complaint; Filed by Shahin S. Fatemian (Plaintiff)

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  • 02/15/2017
  • COMPLAINT FOR 1. NEGLIGENCE; AND 2. LOSS OF CONSORTIUM

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  • 02/15/2017
  • SUMMONS

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Tentative Rulings

Case Number: BC650643    Hearing Date: December 17, 2019    Dept: A

# 6. Shahin Fatemian, et al. v. Garfield-Pacific Development Co., et al.

Case No.: BC650643

Matter on calendar for: Motion for Leave to File Cross-Complaint

Tentative ruling:

  1. Background

    This is a premises liability action. Plaintiffs Shahin Fatemian and Shadin Fatemian allege defendants Garfield-Pacific Development Co., The Bendetti Company, and Robert Bendetti negligently maintained office space within industrial warehouses. The ceilings of the interior offices were approximately 8–10 feet above the floor and 5–10 feet below the warehouse roof. The office roofs were made of acoustic tile and overlaid, in some areas, with plywood. In December 2016, Shahin Fatemian fell through the office roof. Garfield owned the premises and the Bendetti Company was the property manager. At the time of the incident, the premises were leased to Nationwide Uniform Group, Inc.

    The Second Amended Complaint (“SAC”) alleges the following causes of action:

  1. Negligence; and

  2. Loss of consortium

    Defendant Nationwide Uniform Group, Inc., now moves to file a cross-complaint against Defendants Garfield-Pacific Development Co. and The Bendetti Company. An opposition and reply have been filed and considered. Although the motion also sought to cross-complain against Defendant Robert Bendetti individually, Nationwide’s reply abandons that request.

    For the reasons set forth below, the Court grants the motion.

  1. Standard

    When a complaint is asserted against a party and that party wishes to respond with a cross-complaint, it must do so at or before the time to answer. (C.C.P., § 428.50(a).) Otherwise, the party must seek leave of the court. (C.C.P., § 428.50(c).) A party may file any other cross-complaint at any time before the case is set for trial. (C.C.P., § 428.50(b).) When a party fails to timely assert a cross-complaint, it must apply to the Court for leave to do so. (C.C.P., § 426.50.) If the party acted in good faith, the court must grant leave. (Ibid.)

  2. Analysis

Nationwide’s proposed Cross-Complaint is an indemnity claim. Nationwide wishes to assert that its co-defendants are responsible for creating the conditions leading to Plaintiff’s injuries. The proposed Cross-Defendants argue the cross-complaint will cause delay and that Nationwide’s delay in bringing the cross-complaint is inexcusable. However, trial in this action is scheduled for June 1, 2020, a date that is still six months away.

Cross-defendants have not shown Nationwide to have exercised bad faith in bringing this motion. The motion for leave is granted.

  1. Ruling

    The motion for leave to file the Cross-Complaint is granted. Nationwide is to amend the Cross-Complaint to remove Robert Bendetti as a Cross-Defendant and file the Cross-Complaint within 10 days.

    Next dates:

    Notice: