Razavi v. Bendorf Drive Apartments et al

Filing 34

ORDER GRANTING 32 MOTION FOR LEAVE TO FILE A THIRD-PARTY COMPLAINT. Signed by Judge Beth Labson Freeman on 4/26/2017. (blflc4, COURT STAFF) (Filed on 4/26/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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MELINA RAZAVI,

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Plaintiff,

BENDORF DR. APTS., et al.,

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United States District Court
Northern District of California

ORDER GRANTING LEAVE TO FILE
A THIRD-PARTY COMPLAINT

v.

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Case No. 16-cv-01388-BLF

Defendants.

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Before the Court is Defendants Bendorf Drive Apartments and Santa Clara County

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Housing Authority’s motion for leave to file a third-party complaint against Fine Line

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Construction under Rule 14. Mot., ECF 32. The time for filing an opposition has elapsed, and

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Plaintiff Melina Razavi has not filed an opposition. Pursuant to Civ. L.R. 7-1(b), the Court finds

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this motion suitable for submission without oral argument and hereby VACATES the hearing

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scheduled for July 20, 2017. For the reasons discussed herein, the Court GRANTS Defendants’

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motion.

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I.

BACKGROUND
Plaintiff Razavi asserts two causes of action against Defendants: (1) negligence; and (1)

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violations of the Americans with Disabilities Act of 1990 (“ADA”). See generally First Am.

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Compl. (“FAC”), ECF 9. Razavi alleges that on or about March 21, 2014, she was within and

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about 282 Danze Dr. San Jose, CA 95111 (the “Premises”), operated and maintained by

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Defendants, for the purpose of seeing an apartment that Defendants had required her to see or to

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relocate. Id. ¶¶ 9-10. According to Razavi, she suffered a stroke and is permanently disabled. Id.

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¶ 11. Razavi alleges that she had informed Defendants that she needed accommodations,

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including keeping the Premises clear of objects and obstacles due to drowsiness and lack of

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coordination caused by her disability. Id. ¶ 12. Razavi then claims that a rockbag or sandbag was

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placed in the middle of the sidewalk in a pitch dark area, causing injury to her. Id. ¶¶ 13-14.

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Razavi further claims that Defendants also refused to accommodate her by refusing to offer her an

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apartment on the quiet side of the complex. Id. ¶ 15.

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II.

LEGAL STANDARD
Rule 14(a) permits a defending party to implead a third party “who is or may be liable to it

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for all or part of the claim against it.” Fed. R. Civ. P. 14(a)(1). When, as is the case here, the

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third-party complaint is not asserted within 14 days of the filing of a defendant’s original answer,

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the decision to permit the third-party complaint is within the “sound discretion of the court.” Sw.
Adm’rs, Inc. v. Rozay’s Transfer, 791 F.2d 769, 777 (9th Cir. 1986). In the exercise of this

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United States District Court
Northern District of California

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discretion, courts “balance the desire to avoid a circuitry of actions and to obtain consistent results

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against any prejudice that the plaintiff might suffer from complications of the case” by considering

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the following factors: (1) prejudice to the original plaintiff; (2) complication of issues at trial; (3)

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likelihood of trial delay; and (4) timeliness of the motion to implead. Irwin v. Mascott, 94 F.

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Supp. 2d 1052, 1056 (N.D. Cal. 2000) (quoting Somportex Ltd. v. Philadelphia Chewing Gum

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Corp., 453 F.2d 435, 439 n.6 (3d Cir. 1971)). The Court considers those factors here, keeping in

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mind that the purpose of Rule 14 is to promote judicial efficiency, and leave to file a third-party

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claim is liberally granted in furtherance of that policy. See J & J Sports Prods., Inc. v. Tolentino,

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No. 10-02089-LJO, 2011 WL 5547144, at *2 (E.D. Cal. Nov. 14, 2011).

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III.

DISCUSSION

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Defendants seek to implead as third-party defendant Fine Line Construction, who

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contracted with Bendorf Drive Apartments, also known as Villa San Pedro, to perform work on

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the Premises. Mot. 3; Ex. D to Mot. (“construction contract”). Defendants assert that the contract

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contains a provision providing indemnification for Defendants against any lawsuits arising out of

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Fine Line Construction’s work. Mot. 4. In addition, Defendants contend that the sandbags alleged

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by Plaintiff, and therefore the alleged injuries resulting therefrom, were “a product of the

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construction work” done by Fine Line Construction. Id.

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The Court finds that granting Defendants leave to file a third party complaint will not
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result in prejudice to Plaintiff Razavi, complicate issues at trial, or delay trial. The Court observes

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that this case is not yet set for trial, and discovery remains open. Although this motion was filed

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almost three months after the deadline to add parties, the Court finds the motion timely under the

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circumstances. Defendants first tendered this claim to Fine Line Construction on January 20,

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2017. Atterbury Decl. ¶ 2, ECF 32. A claims administrator retained by Old Republic General

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Insurance Corporation responded on behalf of Fine Line Construction on February 2, 2017,

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informing that it will start its investigation, and requested additional information from Defendants.

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Ex. B to Atterbury Decl. Defendants sent a follow-up letter responding to the inquiries and

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renewing the tender on February 24, 2017. Ex. C to Atterbury Decl. As of April 4, 2017, the

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claims administrator had not accepted the tender and Defendants then filed the instant motion.

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United States District Court
Northern District of California

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Atterbury Decl. ¶ 6.

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Furthermore, the addition of Fine Line Construction as a third party is unlikely to

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materially complicate the issues at trial nor, in light of the lack of any opposition from Plaintiff,

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will it substantially prejudice Plaintiff. See Joe Hands Prods., Inc. v. Davis, No. 11-6166, 2012

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WL 6035538, at *2 (N.D. Cal. Dec. 4, 2012) (granting similar motion in similar circumstances).

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The Court accordingly GRANTS Defendants’ motion for leave to file a third-party

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complaint. Defendants shall file the third-party complaint on or before May 10, 2017 and serve

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Fine Line Construction in accordance with the Federal Rules of Civil Procedure.

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IT IS SO ORDERED.

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Dated: April 26, 2017
______________________________________
BETH LABSON FREEMAN
United States District Judge

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