On 08/09/2017 SUBRINA MILLER filed a Personal Injury - Other Personal Injury lawsuit against TURNER CONSTRUSTION COMPANY. This case was filed in Los Angeles County Superior Courts, Torrance Courthouse located in Los Angeles, California. The Judges overseeing this case are GEORGINA T. RIZK, DEIRDRE HILL, KRISTIN S. ESCALANTE, RAMONA G. SEE and MARK A. BORENSTEIN. The case status is Pending - Other Pending.
Pending - Other Pending
Los Angeles County Superior Courts
Los Angeles, California
GEORGINA T. RIZK
KRISTIN S. ESCALANTE
RAMONA G. SEE
MARK A. BORENSTEIN
THE BAKEWELL COMPANY OF CALIFORNIA LLC
TURNER CONSTRUCION COMPANY
DOES 1 TO 100
BERNARDS BROS INC.
INGLEWOOD UNIFIED SCHOOL DISTRICT
ORNELAS ENTERPRISES INC. DBA ORNELAS ELECTRICAL CONSTRUCTION
CITY COMMERCIAL PLUMBING INC.
PROGRESSIVE ROOFING DOE 4
INGLEWOOD UNIFIED SCHOOL DISTRICT;
ROES 1 - 20
ARTER LEE C. ESQ.
TALMOR ORLY SHERY
MCDERMOTT SAM L. ESQ.
JOHNSON CATIE R
SCHULTZ GRETA MICHELLE
NIEMANN ANNA JEANNE
MCDERMOTT SAM L. ESQ.
NIEMANN ANNA JEANNE
GABROY REBECCA M.
KESSEL ELIZABETH MARY
LUMSDEN JAMES C
4/20/2021: Notice of Lodging - NOTICE OF LODGING NOTICE OF LODGING OF RETURN RECEIPTS FOR APPLICATION FOR DETERMINATION OF GOOD FAITH SETTLEMENT
12/23/2020: Notice of Settlement
1/29/2021: Order - PROPOSED ORDER GRANTING PROGRESSIVE SERVICES' APPLICATION FOR DETERMINATION OF GOOD FAITH SETTLEMENT
12/23/2020: Application for Determination of Good Faith Settlement
12/8/2020: Order - Dismissal
8/5/2020: Opposition - OPPOSITION OPPOSITION AND OBJECTION TO DEFENDANT BAKEWELL COMPANY'S UNTIMELY SERVICE OF MOTION FOR SUMMARY JUDGMENT
7/27/2020: Proof of Service (not Summons and Complaint)
7/28/2020: Separate Statement - SEPARATE STATEMENT IN SUPPORT OF OPPOSITION
7/28/2020: Opposition - PLAINTIFF SUBRINA MILLER'S POINTS AND AUTHORITIES IN OPPOSITION TO DEFENDANT BERNARD BROS MOTION FOR SUMMARY JUDGMENT
5/12/2020: Amendment to Cross-Complaint (Fictitious/Incorrect Name)
5/28/2020: Declaration - DECLARATION DECLARATION OF JURESHA ALEMAYEHU
4/8/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (NON-APPEARANCE CASE REVIEW) OF 04/08/2020
4/8/2020: Minute Order - MINUTE ORDER (NON-APPEARANCE CASE REVIEW)
12/18/2019: Motion for Leave to File a Cross-Complaint - DEFENDANT BERNARD BROS., INC.NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE A FIRST AMENDED CROSS-COMPLAINT AGAINST ORNELAS ENTERPRISES, INC. AND CITY COMME
7/1/2019: Cross-Complaint - TURNER CONSTRUCTION COMPANY'S CROSS-COMPLAINT
5/28/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR MINUTE ORDER (CASE MANAGEMENT CONFERENCE) OF 05/28/2019 AND PI TRIAL ORDERS
3/14/2018: PROOF OF SERVICE SUMMONS -
8/9/2017: SUMMONS -
Hearing08/04/2021 at 10:00 AM in Department M at 825 Maple Ave., Torrance, CA 90503; Jury TrialRead MoreRead Less
Hearing07/28/2021 at 10:00 AM in Department M at 825 Maple Ave., Torrance, CA 90503; Final Status ConferenceRead MoreRead Less
Hearing06/22/2021 at 08:30 AM in Department M at 825 Maple Ave., Torrance, CA 90503; Hearing on Motion for Summary JudgmentRead MoreRead Less
Hearing05/14/2021 at 08:30 AM in Department M at 825 Maple Ave., Torrance, CA 90503; Status ConferenceRead MoreRead Less
Hearing05/14/2021 at 08:30 AM in Department M at 825 Maple Ave., Torrance, CA 90503; Post-Mediation Status ConferenceRead MoreRead Less
DocketNotice of Lodging (NOTICE OF LODGING OF RETURN RECEIPTS FOR APPLICATION FOR DETERMINATION OF GOOD FAITH SETTLEMENT); Filed by TURNER CONSTRUCION COMPANY (Defendant)Read MoreRead Less
DocketRequest for Dismissal; Filed by SUBRINA MILLER (Plaintiff)Read MoreRead Less
DocketApplication for Determination of Good Faith Settlement; Filed by TURNER CONSTRUCION COMPANY (Defendant)Read MoreRead Less
DocketSeparate Statement; Filed by THE BAKEWELL COMPANY OF CALIFORNIA LLC (Defendant)Read MoreRead Less
DocketMotion for Summary Adjudication; Filed by THE BAKEWELL COMPANY OF CALIFORNIA LLC (Defendant)Read MoreRead Less
DocketNotice of Motion and Motion to Compel Further Responses to Request for Production of Documents, Set One; Request for Sanctions; Filed by TURNER CONSTRUCION COMPANY (Defendant)Read MoreRead Less
DocketDefendant's Separate Statement in Support of Motions to Compel Further Responses to Form Interrogatories, Special Interrogatories, and Request for Production of Documents, Set One; Filed by TURNER CONSTRUCION COMPANY (Defendant)Read MoreRead Less
DocketNotice of Motion and Motion to Compel Further Responses to Form Interrogatories, Set One; Request for Sanctions; Filed by TURNER CONSTRUCION COMPANY (Defendant)Read MoreRead Less
DocketANSWER TO COMPLAINTRead MoreRead Less
DocketAnswer; Filed by TURNER CONSTRUCION COMPANY (Defendant)Read MoreRead Less
DocketProof-Service/Summons; Filed by SUBRINA MILLER (Plaintiff)Read MoreRead Less
DocketPROOF OF SERVICE SUMMONSRead MoreRead Less
DocketComplaint; Filed by SUBRINA MILLER (Plaintiff)Read MoreRead Less
DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)Read MoreRead Less
DocketSUMMONSRead MoreRead Less
Case Number: BC671507 Hearing Date: February 04, 2020 Dept: SWB
Torrance Dept. B
TURNER CONSTRUCTION COMPANY, et al.,
Hearing Date: February 4, 2020
Moving Parties: Defendant and cross-defendant Bernard Bros. Inc.
Responding Party: None
Motion for Leave to File a Cross-Complaint
The court considered the moving papers. No opposition was filed.
The motion is GRANTED. Moving party is ordered to file its cross-complaint within five days.
On August 9, 2017, Subrina Miller filed a complaint against Turner Construction Company and The Bakewell Company of California, LLC for premises liability and general negligence. Plaintiff alleges that she was employed as a teacher at the LA Tijera K-8 Academy of Excellence Charter School in Inglewood. On September 15, 2015, plaintiff was summoned for help by young students who were smelling noxious odor/fumes/gas in a classroom and feeling ill. As plaintiff proceeded to help the students and remove them from danger, she was overcome by the noxious odor/fumes/gas she inhaled and became ill.
On December 27, 2018, defendant Blakewell filed a cross-complaint against Roes 1 to 20.
On January 24, 2019, plaintiff filed an amendment designating Bernards Bros., Inc. as Doe 1.
On July 1, 2019, Turner filed a cross-complaint against Inglewood Unified School District, and Bernards Bros. Incorporated for express indemnity, implied indemnity, contribution, declaratory relief, negligence, and breach of contract.
Trial is set for September 22, 2020.
CCP §426.50 states that, “A party who fails to plead a cause of action subject to the requirements of this article, whether through oversight, inadvertence, mistake, neglect, or other cause, may apply to the court for leave. . . to file a cross-complaint, to assert such cause at any time during the course of the action. The court, after notice to the adverse party, shall grant, upon terms as may be just to the parties, leave . . . to file the cross-complaint, to assert such cause if the party who failed to plead the cause acted in good faith. This subdivision shall be liberally construed to avoid forfeiture of causes of action.”
CCP §428.10 states that, “A party against whom a cause of action has been asserted in a complaint or cross-complaint may file a cross-complaint setting forth either or both of the following: . . . (b) Any cause of action he has against a person alleged to be liable thereon, whether or not such person is already a party to the action, if the cause of action asserted in his cross-complaint (1) arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause brought against him or (2) asserts a claim, right, or interest in the property or controversy which is the subject of the cause brought against him.”
CCP § 428.50 states, “(a) A party shall file a cross-complaint against any of the parties who filed the complaint or cross-complaint against him or her before or at the same time as the answer to the complaint or cross-complaint.
(b) Any other cross-complaint may be filed at any time before the court has set a date for trial.
(c) A party shall obtain leave of court to file any cross-complaint except one filed within the time specified in subdivision (a) or (b). Leave may be granted in the interest of justice at any time during the course of the action.”
“If the proposed cross-complaint is permissive . . ., leave of court may be granted ‘in the interest of justice’ at any time during the course of the action (CCP §428.50(c)). On the other hand, if the proposed cross-complaint is compulsory . . ., leave must be granted so long as defendant is acting in good faith (CCP §426.50 . . .).” Weil & Brown, Civ. Proc. Before Trial, ¶6:555.
“The declarations of defendant’s counsel should show that it would be ‘in the interest of justice’ to grant leave to file; and some reasonable excuse why the cross-complaint was not filed earlier (mistake, inadvertence, excusable neglect . . . or most commonly, recent discovery of new facts).” Id., ¶6:562.
Cross-complainant and defendant Bernard Bros. Inc. (“Bernards”) requests leave to file a cross-complaint against subcontractors Ornelas Enterprises, Inc. dba Ornelas Electrical Construction and City Commercial Plumbing, Inc.
Bernards contends that any alleged injuries suffered by plaintiff were in whole or in part caused by the negligent conduct of the subcontractors, who were contracted by Bernards to install the electrical systems and plumbing systems at the school.
The proposed cross-complaint arises out of the same incident.
The court finds that it would be in the interest of justice to grant leave.
The motion is GRANTED.
Bernards is ordered to give notice of the ruling.
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