Judge: Daniel M. Crowley, Case: 22STCV07703, Date: 2022-09-20 Tentative Ruling

Case Number: 22STCV07703    Hearing Date: September 20, 2022    Dept: 28

Intervenor Loya Casualty Insurance Company’s Motion for Leave to Intervene

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

BACKGROUND

On March 2, 2022, Plaintiffs Peter Chien (“Peter”) and Lauren Chien (“Lauren”) filed this action against Defendant Avelino Junior Espino Segura (“Defendant”) for negligence and loss of consortium.

On June 10, 2022, Intervenor Loya Casualty Insurance Company (“Intervenor”) filed a Motion for Leave to Intervene to be heard on September 20, 2022.

Trial is currently scheduled for August 30, 2023.

PARTY’S REQUESTS

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

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 has made exhaustive attempts to contact Defendant in order to mount a defense. Intervenor provides auto-insurance to Defendants; as this is based on an automotive accident, Intervenor has an interest in the subject of the action that would be impaired by the lack of defense. As such, the Court finds good cause to grant the motion.

CONCLUSION

Intervenor Loya Casualty 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.