Judge: Daniel M. Crowley, Case: 20STCV15016, Date: 2022-10-18 Tentative Ruling

Case Number: 20STCV15016    Hearing Date: October 18, 2022    Dept: 28

Intervenor Infinity Insurance’s Motion for Leave to Intervene

Having considered the moving papers, the Court rules as follows. 

BACKGROUND

On April 20, 2020, Plaintiff Adela Gutierrez Soto (“Plaintiff”) filed this action against Defendant Osman Rauf Dost (“Dost”) for motor vehicle negligence. Plaintiff later amended the complaint to include Defendant Shield National Security, Inc. (“SNS”).

On May 10, 2021, Defendants filed an answer.

On February 18, 2022, Intervenor Infinity Insurance (“Intervenor”) filed a Motion for Leave to Intervene to be heard on October 18, 2022.

Trial is currently scheduled for November 29, 2022

PARTY’S REQUESTS

Intervenor requests the Court grant leave for to intervene on behalf of SNS.

LEGAL STANDARD

CCP §387(a) provides: “[u]pon timely application, any person, who has an interest in the matter in litigation, or in the success of either of the parties…may intervene in the action or proceeding.” CCP § 387(b) provides that: “...if the person seeking intervention claims an interest relating to the property or transaction which is the subject of the action and that person is so situated that the disposition of the action may as a practical matter impair or impede the person’s ability to protect that interest, unless that person’s interest is adequately represented by existing parties, the court shall, upon timely application, permit the person to intervene.

DISCUSSION

Intervenor requests leave on the basis that SNS is a suspended company pursuant to certain Revenue and Tax Code provisions and is thereby precluded from defending itself in this matter. As of February 21, 2019, SNS is listed as suspended on the California Secretary of State’s Business website. Intervenor provides insurance to SNS and may be required to pay out any judgment entered against SNS under the terms of this policy. Intervenor has an interest in the subject of the action that would be impaired by the lack of defense. The Court finds good cause and grants the motion.

CONCLUSION

Intervenor Infinity Insurance’s Motion for Leave to Intervene is GRANTED.

            Moving party is ordered to give notice of this ruling.

Moving Party is ordered to file the proof of service of this ruling with the Court within five days.

The parties are directed to the header of this tentative ruling for further instructions.