MARIANGEL AGUILAR ET AL VS. SHORT STORY, INC., A DELAWARE CORPORATION ET AL

SF Superior Court - Law & Motion / Discovery Dept 302 - CGC24614404 - May 8, 2026 Hearing date: May 8, 2026 Case number: CGC24614404 Case title: MARIANGEL AGUILAR ET AL VS. SHORT STORY, INC., A DELAWARE CORPORATION ET AL Case Number: | | CGC24614404 | Case Title: | | MARIANGEL AGUILAR ET AL VS. SHORT STORY, INC., A DELAWARE CORPORATION ET AL | Court Date: | | 2026-05-08 09:00 AM | Calendar Matter: | | Notice Of Motion And Motion For Leave To File Cross-Complaint Against Albert Garcia | Rulings: | | Set for Law and Motion/Discovery Calendar on Friday, May 08, 2026, Line 2.

Defendant Short Story Inc.'s motion to file a permissive cross-complaint against Albert Garcia for indemnity and reimbursement is DENIED. The parties agree that the proposed cross-complaint for indemnity is a permissive cross-complaint. "There are no compulsory cross-complaints against parties other than plaintiff." (The Rutter Group California Practice Guide: Civil Procedure Before Trial 6:524 (2025).)

The court denies the motion for the following reasons. Granting the motion will lead to a further trial continuance. While the court understands why defendant delayed bring this motion because it recently concluded that Garcia's and Short Story's interests diverged, Short Story could have filed the cross-complaint after being served with plaintiff's original complaint in 2024. The court contemplates further discovery and substantive motion practice if Garcia re-appears in this case. Such motion practice may be unnecessary if Short Story prevails on some or all of Plaintiff's claims. At this stage of the proceedings, the court denies the motion and Short Story may pursue an indemnification claim (if one actually accrues) in a subsequent action.

For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.

Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.

Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested.