Case Number: BC612159 Hearing Date: March 14, 2018 Dept: 92

ARKADI OGANEZOV,

Plaintiff,

vs.

ALEXANDER KATSMAN et al.,

Defendants

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Case No.: BC612159

[TENTATIVE] ORDER GRANTING DEFENDANT LENMAR BEVERLY GLEN, LLC.’S MOTION FOR LEAVE TO FILE CROSS-COMPLAINT

Dept. 92

1:30 p.m

March 14, 2018

Defendant LENMAR BEVERLY GLEN, LLC’s Motion for Leave to File a Cross-Complaint is GRANTED.

1. Facts

Plaintiff Arkadi Oganezov filed this action on February 29, 2016, for damages arising out of a dog bite that occurred at a property owned by moving Defendant. Moving Defendant was added to the complaint via amendment on October 3, 2017. Trial is scheduled for August 21, 2018.

2. Motion for Leave to File Cross-Complaint

Defendant Lenmar Beverly Glenn moves for leave to file a cross-complaint against Defendant Alexander Katzman, alleging causes of action for indemnity, implied indemnity, total equitable indemnity, comparative contribution, and declaratory relief. Moving Defendant contends that the cross-complaint is warranted because Defendant Katzman owned the dog that allegedly injured Plaintiff, and is party to a written “Pet Agreement” with moving Defendant providing indemnification for any liability incurred in connection with the dog. Moving Defendant argues that no party will be prejudiced by allowing a cross-complaint to be filed, and that the filing of a cross-complaint will serve the interests of justice and judicial economy. No opposition has been filed. (Foot’s Transfer v. Superior Court (1980) 114 Cal.App.3d 897, 903-904.)

A cross-complaint against a named defendant 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).) Generally, courts apply a “principle of liberality” in granting leave to file cross-complaints.

Here, the court finds that it is within the interests of justice to permit the filing of the cross-complaint. Moving Party was named as a defendant on October 3, 2017 and filed its request for leave on February 13, 2018. Thus, any delay in requesting leave was not significant. Further, trial is still approximately five months away, and discovery remains in its early phases. Finally, since Alexander Katsman is already a party to this action, there is no risk of surprise or prejudice.

Moving party is ordered to provide a copy of the proposed Cross-Complaint to the courtroom judicial assistant for filing this date.