Motion to Dismiss

Having considered the moving and opposing papers, the Court rules as follows. No reply was filed.

BACKGROUND

On August 17, 2018, Plaintiff Omar Sarabia (“Plaintiff”) filed a complaint against Defendants Gilbert Maldonado and Nabil Hanna Aziz. The complaint alleges motor vehicle and general negligence for an automobile collision that occurred on January 29, 2018.

On June 28, 2019, Defendant/Cross-Complainant Nabil Hanna Aziz Hanna filed a cross-complaint against Defendant/Cross-Defendant Gilbert Maldonado seeking indemnity and apportionment.

On January 7, 2020, Defendant/Cross-Defendant Gilbert Maldonado filed a motion to dismiss Defendant/Cross-Complainant Nabil Hanna Aziz Hanna’s cross-complaint pursuant to California Code of Civil Procedure section 581, subdivision (m).

Trial is set for June 23, 2020.

PARTY’S REQUEST

Defendant/Cross-Defendant Gilbert Maldonado (“Moving Party”) asks the Court to dismiss Defendant/Cross-Complainant Nabil Hanna Aziz Hanna’s (“O