Judge: Colin Leis, Case: 23STCV02172, Date: 2025-01-13 Tentative Ruling

Case Number: 23STCV02172    Hearing Date: January 13, 2025    Dept: 74

Taylor v Wheels Labs Operations Inc.

Intervenor Certain Underwriters at Lloyd’s of London’s Motion for Leave to Intervene.

BACKGROUND 

            This motion arises from a products liability complaint.

            Plaintiff Stacey Taylor (Plaintiff) filed a complaint against defendants Wheels Labs Operations Inc., Wheels Labs Inc., Apollo Syndicate 1969, and AON UK Limited.

            Intervenor Certain Underwriters at Lloyd’s of London Subscribing to Policy No. CSDIG2000025 (Intervenor) filed a motion for leave to intervene.

LEGAL STANDARD

“The court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if either of the following conditions is satisfied: [¶] (A) A provision of law confers an unconditional right to intervene. [¶] (B) The person seeking intervention claims an interest relating to the property or transaction that is the subject of the action, and that person is so situated that the disposition of the action may impair or impede that person's ability to protect that interest, unless that person's interest is adequately represented by one or more of the existing parties.”  (Code Civ. Proc. 387(d)(1).) 

Additionally, pursuant to Code of Civil Procedure §387(d)(2), the Court has discretion to permit a nonparty to intervene in litigation pending between others, provided “if the person has an interest in the matter in litigation, or in the success of either of the parties, or an interest against both.”  Therefore, it must be shown that: (1) the nonparty has a direct and immediate interest¿in the litigation; (2) the intervention will¿not enlarge¿the issues in the case; and (3) the reasons for intervention outweigh any opposition by the existing parties.  (Truck Ins. Exch. v. Superior Court (Transco Syndicate No. 1)¿(1997) 60 Cal.App.4th 342, 346.)¿¿¿ 

DISCUSSION

            Intervenor alleges that (1) they have a pecuniary interest in the matter as they insure defendant Wheel’s Labs, Inc (Insurance code § 11580(b)(2).); (2) that Intervenor’s claims will not enlarge the case; and (3) that Intervenor’s interests are not being adequately represented because defendant Wheel’s Labs, Inc has allowed default to be taken. 

            No opposition has been filed.

CONCLUSION

            The Court grant’s Intervenors Motion for Leave to Intervene.

            Intervenor to give notice.