Judge: Daniel M. Crowley, Case: 21STCV39394, Date: 2023-01-20 Tentative Ruling

Case Number: 21STCV39394    Hearing Date: January 20, 2023    Dept: 28

Plaintiff Sara Sierra’s Motion for Leave to Intervene

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

BACKGROUND

On October 26, 2021, Plaintiff Mariah Sierra (“Mariah”) filed this action against Defendants Garrett Martin Shaw (“Shaw”), EAN Holdings, LLC (“EAN”) and Rachel Connie Delara (“Delara”) for wrongful death, general negligence and negligent entrustment.

On July 29, 2022, Shaw filed an answer.

On November 5, 2021, Plaintiffs Timothy De Lara (“Timothy”), Amanda De Lara (“Amanda”), Shante Trejo (“Trejo”) and Julian De Lara (“Julian”) filed an action against Defendants Shaw, EAN, Enterprise Holdings, Inc. (“EH Inc.”) and Enterprise Holdings, LLC (“EH LLC”) for negligence.

On July 6, 2022, Shaw filed an answer.

On May 16, 2022, Sara Sierra (“Sara”) filed an action against Defendants Shaw and Estate of Rachel Connie De Lara (“Estate”) for negligence.

On July 6, 2022, Shaw filed an answer.

Cases were consolidated on September 12, 2022.

On October 27, 2022, Sara filed a Motion for Leave to Intervene to be heard on January 20, 2023.

Trial is currently scheduled for April 25, 2023.

PARTY’S REQUESTS

Sara requests the Court grant leave for to intervene and join with Mariah.

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

All cases stem from a multiple vehicle accident in which Decedent passed away. Decedent was the son of Sara and the brother of Mariah; Decedent had three other siblings. Only Mariah was named in the original complaint. Under California Civil Code § 377.60(a) Sara is the rightful heir as Decedent died without a spouse, domestic partner, or children. Although these actions are now consolidated, Sara is not a party to Mariah’s action, although she has claim to be. Sara has a right to join in the action, which has yet to go to trial. The Court grants the motion.

CONCLUSION

Plaintiff Sara Sierra’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.