Case Number: BC638552 Hearing Date: January 16, 2018 Dept: 98

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT

ADRIAN NAVA,

Plaintiff,

vs.

FORD MOTOR COMPANY, TESCO, and DOES 1 to 50,

Defendants.

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CASE NO.: BC638552

[TENTATIVE] ORDER RE: DEFENDANT’S MOTION FOR LEAVE TO FILE A CROSS-COMPLAINT

Dept. 98

1:30 p.m.

January 16, 2018

On October 26, 2016, Plaintiff Adrian Nava (“Plaintiff”) filed this action against Defendants Ford Motor Company and Tesco Equipment, LLC (“Tesco”) for general negligence and products liability. On May 15, 2017, Tesco filed an Answer to Plaintiff’s Complaint. On October 30, 2017, Plaintiff amended the Complaint to name Transglobal, Inc. (“Transglobal”) as Doe 1. Tesco now seeks leave to file a Cross-Complaint against Transglobal for equitable indemnity, contribution, and declaratory relief.

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. (Code of Civ. Proc. § 428.50, subd. (a).) Any other cross-complaint may be filed at any time before the court has set a date for trial. (Code of Civ. Proc., § 428.50, subd. (b).)

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. (Code of Civ. Proc., § 428.50(c).) Where the proposed cross-complaint arises out of the same transaction as plaintiff’s claim, the court must grant leave to file the cross-complaint so long as defendant is acting in good faith. (Code of Civ. Proc., § 426.50.)

This action involves the partial amputation of Plaintiff’s finger due to an alleged defective handle of a 2014 Tesco Ford 750 truck. Tesco contends that Transglobal provided the subject door panel and hardware. However, at the time of filing Tesco’s Answer, Tesco had not yet received a copy of Transglobal’s purchase order and invoice for the door panel and hardware. (Declaration of Katherine C. Sample, ¶¶ 3, 4.)

Transglobal filed a non-opposition to Tesco’s Motion for Leave to File a Cross-Complaint.

In light of the foregoing and Transglobal’s non-opposition, Tesco’s Motion for Leave to File a Cross-Complaint is GRANTED. Tesco is ordered to file its cross-complaint within five (5) days of the date of this Order.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT98@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 will be placed off calendar.

Dated this 16th day of January 2018

Hon. Holly J. Fujie

Judge of the Superior Court