Tanja Devoile vs. County of Sacramento, a California public entity

34-2021-00299186-CU-PO-GDS: Tanja Devoile vs. County of Sacramento, a California public entity 08/01/2024 Hearing on Motion for Leave to File a Cross-Complaint in Department 54

Tentative Ruling

Defendant Sacramento Housing and Redevelopment Agency’s (“Defendant”) motion for leave to file a cross-complaint is unopposed and ruled upon as follows. This is a personal injury case. Plaintiff Tanja Devoile filed her complaint in this matter on April 21, 2021, alleging that on June 9, 2020 an elevator on the subject premises made a clicking noise and then dropped three floors, causing her injury. Plaintiff brought suit against Defendant, alleging that the elevator was a dangerous condition that was negligently maintained, repaired and/or inspected.

Elevator Industries, Inc. had recently performed maintenance on the elevator. Defendant tendered the defense and indemnity of the matter to Elevator Industries, Inc. but has received no response. (Genge Decl. ¶ 3.) The parties have stipulated to Defendant filing a cross-complaint to add Elevator Industries as a party to the action. (Id. Ex. C.) Trial is scheduled to begin on December 16, 2024. Defendant now moves for leave to file a cross-complaint against Elevator Industries, Inc. The proposed cross-complaint alleges causes of action for 1) express indemnity, 2) implied indemnity, 3) breach of contract, 4) contribution and apportionment, and 5) and declaratory relief.

The Court finds good cause to grant the motion. (Code Civ. Proc. § 428.50(c).) The parties have stipulated to Defendant filing a cross-complaint to add Elevator Industries, Inc. as a party, and doing so does not appear to trigger the need for a trial continuance. The motion is GRANTED. Defendant shall file and serve the proposed cross-complaint on or before August 19, 2024. The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or further notice is required.

NOTICE:

Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure:

To request limited oral argument, on any matter on this calendar, you must call the Law and Motion Oral Argument Request Line at (916) 874-2615 by 4:00 p.m. the Court day before the hearing and advise opposing counsel. At the time of requesting oral argument, the requesting party shall leave a voice mail message: a) identifying themselves as the party requesting oral argument; b) indicating the specific matter/motion for which they are requesting oral argument; and c) confirming that it has notified the opposing party of its intention to appear and that

34-2021-00299186-CU-PO-GDS: Tanja Devoile vs. County of Sacramento, a California public entity 08/01/2024 Hearing on Motion for Leave to File a Cross-Complaint in Department 54

opposing party may appear via Zoom using the Zoom link and Meeting ID indicated below. If no request for oral argument is made, the tentative ruling becomes the final order of the Court.

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