TIANYU LIU VS EAST WHITTIER CITY SCHOOL DISTRICT SECURE TRA

Tentative Rulings

Case Number: ****0147    Hearing Date: January 17, 2020    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff, Tianyu Liu, a minor by and through her GAL, Alice Fu, filed this action against Defendants, East Whittier City School District and Secure Transportation Company, Inc. for damages arising out of injuries sustained when Plaintiff fell attempting to board an STCI vehicle.

At this time, STCI seeks leave to file a cross-complaint against Plaintiff’s mother and GAL, Alice Fu, for indemnification and related claims. STCI contends Fu caused or contributed to Plaintiff’s damages by leaving Plaintiff, a handicapped minor with autism, hydrocephalus, cerebral palsy, and gait abnormality, unattended.

A cross-complaint against any of the parties who filed the initial complaint or cross-complaint against the cross-complainant must be filed before or at the same time as the answer to the initial complaint or cross-complaint, which answer must be filed within 30 days of service of the complaint or cross-complaint. (CCP ;; 412.20(a)(3), 428.50(a), 432.10.) Any other cross-complaint may be filed at any time before the court has set a trial date. (CCP ;428.50(b).) If a party fails to file a cross-complaint within the time limits described above, he or she must obtain permission from the court to file the cross-complaint. (CCP ;; 426.50, 428.50(c).) Permission to file a permissive cross-complaint may be granted in the interest of justice at any time during the course of the action. (CCP ; 428.50(c).)

STCI has properly served all parties with a copy of this motion, and no party has opposed the motion. Trial is not scheduled until 3/23/20, and therefore no party will be prejudiced by the filing of the cross-complaint; if Plaintiff and/or Cross-Defendant finds a trial continuance necessary in light of the cross-complaint, the Court will entertain a stipulation or motion in that regard. Moving Defendant is ordered to file a separate copy of the cross-complaint within five days.

Moving Defendant is ordered to give notice.

Parties who intend to submit on this tentative must send an email to the court at sscdept3@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.