Judge: Daniel M. Crowley, Case: 21STCV29916, Date: 2022-10-28 Tentative Ruling

Case Number: 21STCV29916    Hearing Date: October 28, 2022    Dept: 28

Intervenor American Sentinel Insurance Company’s Motion for Leave to Intervene

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

BACKGROUND

On August 12, 2021, Plaintiffs Kevin Velasquez (“Velasquez”) and Joelle Nguyen (“Nguyen”) filed this action against Defendants J J Carriers Express, Inc. (“JJ”) and Resugio Reynel-Terrero (“Reynel-Terrero”) for motor vehicle negligence.

On June 30, 2022, Reynel-Terrero filed an answer.

On July 8, 2022, Intervenor American Sentinel Insurance Company (“Intervenor”) filed a Motion for Leave to Intervene to be heard on October 28, 2022.

Trial is currently scheduled for February 9, 2023.

PARTY’S REQUESTS

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

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 jj is a suspended company and is thereby precluded from defending itself in this matter. JJ is currently suspended by the California Secretary of State and Franchise Tax Board; to date, JJ has not been able to resolve the suspension. Intervenor provides insurance to JJ and may be required to pay out any judgment entered against JJ 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 American Sentinel Insurance Company’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.