Case Number: BC633632 Hearing Date: January 16, 2018 Dept: 98

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT

PREMYSL “SIMON” GRUND,

Plaintiff,

vs.

28028 SLD LLC, VIDA YAGHMAI, DINA YAGHMAI, and DOES 1-50, inclusive,

Defendants.

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CASE NO.: BC633632

[TENTATIVE] ORDER RE: DEFENDANTS’ MOTIONS TO FILE A FIRST AMENDED ANSWER TO PLAINTIFF’S COMPLAINT AND LEAVE TO FILE A CROSS-COMPLAINT

Dept. 98

1:30 p.m.

January 16, 2018

On September 19, 2016, Plaintiff Premysl “Simon” Grund (“Plaintiff”) filed this action against Defendants 28028 SLD LLC, Vida Yaghmai, and Dina Yaghmai (collectively, “Defendants”), for negligence relating to a trip and fall incident on Defendants’ premises. On November 9, 2016, Defendants filed their Answer. Defendants’ counsel became attorney of record in July 2017. (Declaration of Francois B. Auroux, ¶ 4.) Counsel began to investigate the incident, including reviewing Plaintiff’s deposition testimony and the deposition testimony of a witness, and visiting the location of the incident. (Auroux Decl., ¶¶ 4, 5.) As a result, Counsel learned that the possible cause of Plaintiff’s trip was natural forces that downed a nearby electrical pole, producing a ripped telecomm wire on which Plaintiff tripped. (Auroux Decl., ¶¶ 5, 6.)

Defendants now move to file a First Amended Answer adding “Acts of God” as an affirmative defense, and to file a Cross-Complaint against XO Communications, LLC, a Delaware Limited Liability Company; Southern California Edison Company, a California Corporation and public utility; and Tracee Chelios, an individual, for apportionment of fault, indemnification, and declaratory relief. (Auroux Decl., ¶¶ 2, 3; Exh. A.)

The Court may, in its discretion and after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading, including adding or striking out the name of any party, or correcting a mistake in the name of a party, or a mistake in any other respect. (Code of Civ. Proc. § 473, subd. (a)(1).) “This discretion should be exercised liberally in favor of amendments, for judicial policy favors resolution of all disputed matters in the same lawsuit.” (Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1047.)

A motion to amend a pleading must include a copy of the proposed amendment or amended pleading and must state what allegations in the previous pleading are proposed to be deleted or added. (Cal. Rules of Court, Rule 3.1324(a).) The motion shall also be accompanied by a declaration attesting to the effect of the amendment, why the amendment is necessary and proper, when the facts giving rise to the amended allegations were discovered, and why the request for amendment was not made earlier. (Cal. Rules of Court, Rule 1.324(b).)

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.)

Plaintiff filed a non-opposition, stating that he does not concede or agree with the factual or legal contentions made in Defendants’ motion, but does not oppose either of Defendants’ Motions seeking leave to file a First Amended Answer and a Cross-Complaint.

Accordingly, as Defendants’ Motions are unopposed and procedurally compliant, the Motions for Leave to File a First Amended Answer and Cross-Complaint are GRANTED. Defendants are ordered to file their amended answer and cross-complaint within ten (10) 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 as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email 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