Estela Rosalva Chilel Felipe, an individual vs. Pasadena Unified School District, a governmental entity

store No. 6610" where Plaintiff was allegedly injured on October 31, 2023. (Hansen Decl. P.P. 2-3.) Hansen also declares that, "[p]ursuant to the contract for Ben's Asphalt's work, it is obligated to defend and indemnify [Home Depot] from and against Plaintiff's claims." (Id. P. 4.) As the proposed cross-complaint arises out of the same trip-and-fall incident alleged in Plaintiff's complaint, and as Home Depot alleges that any alleged harm to Plaintiff is attributable to Ben's Asphalt, the Court finds that granting Home Depot leave to file the cross-complaint would be in the interest of justice. (Paragon Real Estate Group of San Francisco, Inc. v.

Hansen (2009) 178 Cal.App.4th 177, 183, italics in original ["Although the trial court retains the authority to postpone the trial of the indemnity question if it believes such action is appropriate to avoid unduly complicating the plaintiff's suit, the court may not preclude the filing of such a cross-complaint altogether."]; Time for Living, Inc. v. Guy Hatfield Homes/All American Development Co. (1991) 230 Cal.App.3d 30, 38 ["Cross-complaints for comparative equitable indemnity would appear virtually always transactionally related to the main action."].)

Nor does it appear that the parties will be unduly prejudiced by granting Home Depot leave to file a cross-complaint against Ben's Asphalt; nor does the record show that Home Depot unreasonably delayed in seeking leave. Thus, the motion for leave to file a cross-complaint is granted. RULING Defendant Home Depot U.S.A., Inc.'s Motion for Leave to File a Cross-Complaint is GRANTED. Defendant shall file and serve the cross-complaint within ten days of this order.

Rosalva Chilel Felipe, an individual vs. Pasadena Unified School District, a governmental entity Petition for Relief Pursuant to Government Code Sec. 946.6 Moving Party: Petitioner Estela Rosalva Chilel Felipe Responding Party: None Tentative Ruling: Grant RULING "If an application for leave to present a claim is denied or deemed to be denied pursuant to Section 911.6, a petition may be made to the court for an order relieving the petitioner from Section 945.4." (Gov. Code Sec. 946.6, subd. (a).)

The petition shall show each of the following: (1) the application under section 911.4 was denied or deemed denied, (2) the reason for the failure to present a timely claim per section 911.2, and (3) the information required in section 910. (Gov. Code Sec. 946.6, subd. (b).) "The applicant has six months to seek relief in court 'after the application to the [entity] is denied or deemed to be denied.' The six-month period 'operates as a statute of limitations. It is mandatory, not discretionary.' [Citation.]" (J.M. v.

Huntington Beach Union

High School Dist. (2017) 2 Cal.5th 648, 653, alterations and italics in original.) The Court must grant relief under section 911.4 if it finds that the application was made within a reasonable time not to exceed that specified in section 911.4(b), was denied or deemed denied, and that "[t]he failure to present the claim was through mistake, inadvertence, surprise, or excusable neglect unless the public entity establishes that it would be prejudiced in the defense of the claim if the court relieves the petitioner from the requirements of Section 945.4." (Gov.

Code Sec. 946.6, subd. (c).) On May 13, 2026, within a reasonable time and less than one year after the occurrence of the underlying slip-and-fall incident on September 10, 2025, Petitioner Estela Rosalva Chilel Felipe ("Petitioner") presented the Pasadena Unified School District (the "District") with a written application for leave to present a late government claim against the District. (Moore Decl. P. 3; id. P. 8, Exh. A.) On June 17, 2026, the District provided Petitioner with notice of the application's denial, which the District stated was effective as of that same date. (Id.

P. 9, Exh. B.) Furthermore, Petitioner's counsel declares that Petitioner's failure to timely file a claim against the District was the result of excusable neglect, as counsel's diligent efforts to investigate the identities of the owner and renter of the subject property were initially thwarted by errant information received from the Los Angeles County Assessor's Office and a contacted representative of the Young and Healthy Headstart School. (Id. P.P. 4-6.) Based on the foregoing, the Court finds that Petitioner has shown that she is entitled to relief under Section 946.6.

Therefore, the petition is granted. Petitioner Estela Rosalva Chilel Felipe's Petition for Relief Pursuant to Government Code Sec. 946.6 is GRANTED. | Home -->)" -->