Deruyver et al v. Omni La Costa Resort & Spa, LLC et al

Filing 15

ORDER Granting 13 Motion for Leave to File Third Party Complaint. Signed by Judge Marilyn L. Huff on 6/27/2017. (ag)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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HADLEY DERUYVER, by and through
her Guardian ad Litem, Christopher
DeRuyver; CHRISTOPHER
DERUYVER; ROBYN DERUYVER;
NATHANIEL DERUYVER; and
ZACHARY DERUYVER,

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Case No.: 3:17-cv-00516-H-AGS
ORDER GRANTING LEAVE TO
FILE THIRD PARTY COMPLAINT
[Doc. No. 13]

Plaintiffs,
v.
OMNI LA COSTA RESORT & SPA,
LLC, a limited liability company;
FILLMORE LC HOLDINGS I, LLC, a
limited liability company; DOE 1 FNU
LNU, an individual; and DOES 2 through
50, inclusive,
Defendants.

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On February 2, 2017, Plaintiffs filed a complaint against Defendants in the Superior

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Court of California. (Doc. No. 1 at 9, ¶ 3.) Plaintiffs filed an amended complaint on

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February 9, 2017. (Id.) The amended complaint alleges that Plaintiffs were in Defendants’

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restaurant when Plaintiff Hadley DeRuyver, a nine-month-old child, was severely burned

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by spilled coffee. (Id. at 22.) Plaintiffs assert state law causes of action for general
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negligence and premises liability. (Id. at 22-25.) On March 15, 2017, Defendants removed

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the action to this Court on the basis of diversity jurisdiction. (Id. at 1-7.) Defendants

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answered the amended complaint on March 22, 2017. (Doc. No. 3.)

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On June 9, 2017, Defendants filed a motion for leave to file a third-party complaint

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against Plaintiff’s nanny, Brittany Russ. (Doc. No. 13.) On June 26, 2017, Plaintiffs filed

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a notice of non-opposition to the motion. (Doc. No. 14.) Pursuant to its discretion under

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Local Rule 7.1(d)(1), the Court determines that the motion is fit for resolution without oral

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argument. Accordingly, the Court submits the motion on the parties’ papers and vacates

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the scheduled hearing. For the reasons that follow, the Court grants the motion.

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Discussion

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Federal Rule of Civil Procedure 14(a)(1) provides that

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[a] defending party may, as third-party plaintiff, serve a summons and
complaint on a nonparty who is or may be liable to it for all or part of the
claim against it. But the third-party plaintiff must, by motion, obtain the
court’s leave if it files the third-party complaint more than 14 days after
serving its original answer.

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Thus, a defendant may assert a third-party claim under Rule 14(a)(1) “only when the

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third-party’s liability is in some way dependent on the outcome of the main claim, or when

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the third-party is secondarily liable to the defending party.” See Stewart v. American Int’l

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Oil and Gas Co., 845 F.2d 196, 199–200 (9th Cir.1988). Put another way, “[t]he crucial

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characteristic of a Rule 14 claim is that [the] defendant is attempting to transfer to the third-

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party defendant the liability asserted against him by the original plaintiff” and so “[t]he

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mere fact that the alleged third-party claim arises from the transaction or set of facts as the

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original claim is not enough.” Stewart, 845 F.2d at 200 (citation omitted).

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Defendants meet this derivative liability requirement: Defendants assert that Ms.

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Russ was the nanny in charge of the infant Hadley at the time of her injury. (Doc. No. 13-

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1 at 5.) Defendants argue that Ms. Russ is a culpable joint tortfeasor in this action and that

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Defendants will have a right of equitable indemnity and contribution against Ms. Russ if

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there is a verdict in favor of Plaintiffs. (Id.) Accordingly, for good cause shown, the Court

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grants Defendants’ motion for leave to file a third-party complaint against Brittany Russ.

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Conclusion

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For the reasons above, the Court grants Defendants’ motion for leave to file a thirdparty complaint against Brittany Russ.
IT IS SO ORDERED.
DATED: June 27, 2017
MARILYN L. HUFF, District Judge
UNITED STATES DISTRICT COURT

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