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)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
SOUTHERN DISTRICT OF CALIFORNIA
10
11
12
13
14
HADLEY DERUYVER, by and through
her Guardian ad Litem, Christopher
DeRuyver; CHRISTOPHER
DERUYVER; ROBYN DERUYVER;
NATHANIEL DERUYVER; and
ZACHARY DERUYVER,
15
16
17
18
19
20
21
22
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.
23
24
On February 2, 2017, Plaintiffs filed a complaint against Defendants in the Superior
25
Court of California. (Doc. No. 1 at 9, ¶ 3.) Plaintiffs filed an amended complaint on
26
February 9, 2017. (Id.) The amended complaint alleges that Plaintiffs were in Defendants’
27
restaurant when Plaintiff Hadley DeRuyver, a nine-month-old child, was severely burned
28
by spilled coffee. (Id. at 22.) Plaintiffs assert state law causes of action for general
1
3:17-cv-00516-H-AGS
1
negligence and premises liability. (Id. at 22-25.) On March 15, 2017, Defendants removed
2
the action to this Court on the basis of diversity jurisdiction. (Id. at 1-7.) Defendants
3
answered the amended complaint on March 22, 2017. (Doc. No. 3.)
4
On June 9, 2017, Defendants filed a motion for leave to file a third-party complaint
5
against Plaintiff’s nanny, Brittany Russ. (Doc. No. 13.) On June 26, 2017, Plaintiffs filed
6
a notice of non-opposition to the motion. (Doc. No. 14.) Pursuant to its discretion under
7
Local Rule 7.1(d)(1), the Court determines that the motion is fit for resolution without oral
8
argument. Accordingly, the Court submits the motion on the parties’ papers and vacates
9
the scheduled hearing. For the reasons that follow, the Court grants the motion.
10
Discussion
11
Federal Rule of Civil Procedure 14(a)(1) provides that
12
[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.
13
14
15
16
Thus, a defendant may assert a third-party claim under Rule 14(a)(1) “only when the
17
third-party’s liability is in some way dependent on the outcome of the main claim, or when
18
the third-party is secondarily liable to the defending party.” See Stewart v. American Int’l
19
Oil and Gas Co., 845 F.2d 196, 199–200 (9th Cir.1988). Put another way, “[t]he crucial
20
characteristic of a Rule 14 claim is that [the] defendant is attempting to transfer to the third-
21
party defendant the liability asserted against him by the original plaintiff” and so “[t]he
22
mere fact that the alleged third-party claim arises from the transaction or set of facts as the
23
original claim is not enough.” Stewart, 845 F.2d at 200 (citation omitted).
24
Defendants meet this derivative liability requirement: Defendants assert that Ms.
25
Russ was the nanny in charge of the infant Hadley at the time of her injury. (Doc. No. 13-
26
1 at 5.) Defendants argue that Ms. Russ is a culpable joint tortfeasor in this action and that
27
Defendants will have a right of equitable indemnity and contribution against Ms. Russ if
28
2
3:17-cv-00516-H-AGS
1
there is a verdict in favor of Plaintiffs. (Id.) Accordingly, for good cause shown, the Court
2
grants Defendants’ motion for leave to file a third-party complaint against Brittany Russ.
3
Conclusion
4
5
6
7
8
9
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
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
3:17-cv-00516-H-AGS
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?