TYLER FOWLER, ET AL., Plaintiff(s), vs. THE KROGER CO., ET AL., Defendant(s).

Case No.: BC618923

[TENATATIVE] ORDER GRANTING DEFENDANT’S UNOPPOSED MOTION FOR LEAVE TO FILE CROSS-COMPLAINT; TRANSFERRING ACTION FOR ALL FUTURE PROCEEDINGS

Plaintiff, Tyler and Katie Fowler filed this action against Defendant, The Kroger Company for damages arising out of a third party assault that occurred on Defendant’s premises. At this time, Defendant, Kroger seeks leave to file a cross-complaint against the third party assailant, Christopher Osborne, for indemnification and related claims.

A cross-complaint against any of the parties who filed the initial complaint or cross-complaint against the cross-complainant must be filed before or at the same time as the answer to the initial complaint or cross-complaint, which answer must be filed within 30 days of service of the complaint or cross-complaint. (CCP §§ 412.20(a)(3), 428.50(a), 432.10.) Any other cross-complaint may be filed at any time b