Case Number: BC590671??? Hearing Date: November 15, 2016??? Dept: S27
INTRODUCTION
Defendant and Cross-Defendant Nxstage Medical, Inc. (?Nxstage?) seeks leave to file a late cross-complaint against Defendant and Cross-Complainant Manna Freight Systems, Inc. (?Manna?). The motion was originally noticed for September 9, 2016 in Department 93 of the Central District. On October 17, 2016, after this case was transferred to the South District, this Court re-set the hearing for November 15, 2016 and ordered the moving Defendant to give notice. The notice of hearing does not appear in the Court?s file. Unless such notice is presented prior to or at the hearing the matter will be placed off calendar.
ANALYSIS
Assuming notice was given, the Court intends to grant the motion.
The underlying complaint by Plaintiff Joseph Sentora alleges that he suffers from kidney failure and requires dialysis. He planned to take a sea cruise and planned to take his portable dialysis equipment with him. He arranged for Nxstage to ?deliver dialysis supplies to plaintiff aboard the Crown Princess at the Port of Los Angeles.? The delivery was not made, causing Plaintiff to miss four treatments and resulting in ?a build-up of toxins in his body and significant health issues.?
Nxstage?s proposed cross-complaint alleges it contracted with Manna to make the delivery entitling Nxstage to indemnity, contract damages and declaratory relief.
Nxstage demonstrates that the delay in filing the cross-complaint was due to awaiting results of its tender of its defense to Manna?s insurer.
No trial date is set and the Court finds the proposed cross-complaint is compulsory and that no prejudice will result.
The claims will not surprise Manna, which has been aware of the claims during the tender process.
The cross-complaint will be deemed filed and served as of the date of the hearing.