Judge: Daniel M. Crowley, Case: 20STCV20936, Date: 2022-12-06 Tentative Ruling

Case Number: 20STCV20936    Hearing Date: December 6, 2022    Dept: 28

Intervenor Clear Blue Insurance Company, Inc.’s Motion for Leave to Intervene

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

BACKGROUND

On June 3, 2020, Plaintiff Kostadin Peytchev (“Plaintiff”) filed this action against Defendants Siguard Ruskedal (“Ruskedal”) and Total Recovery, Inc. (“TR”) for general negligence and assault and battery. Plaintiff later amended the complaint to include Defendant Carlos Dominguez (“Dominguez”).

On October 18, 2021, the clerk entered default against TR. On April 5, 2022, Defendants filed an answer. Parties filed a stipulation to set aside default of TR.

On August 24, 2022, Intervenor Clear Blue Insurance Company, Inc. (“Intervenor”) filed a Motion for Leave to Intervene to be heard on December 6, 2022.

Trial is currently scheduled for May 17, 2023.

PARTY’S REQUESTS

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

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 Intervenor insured Defendants at the time of the alleged incident; Intervenor also notes that Defendants have been unresponsive to counsel’s communication. Should Defendants failed to respond to counsel, therefore failing to provide timely discovery responses, Intervenor could be liable for any judgment imposed upon Defendants. 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 Clear Blue Insurance Company, Inc.’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.