Judge: Daniel M. Crowley, Case: 22STCV11379, Date: 2023-01-23 Tentative Ruling

Case Number: 22STCV11379    Hearing Date: January 23, 2023    Dept: 28

Sentry Select Insurance Company’s Motion for Leave to Intervene

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

BACKGROUND

On April 4, 2022, Plaintiffs Ernest Garcia (“Garcia”) and Jesus Castro (“Castro”) filed this action against Defendants All American Express, Inc. (“AAE”), Gerardo Z. Vidal (“Vidal”) and Raymond Yniquez (“Yniquez”) for negligence.

On May 25, 2022, Vidal filed an answer. On Just 24, 2022, AAE filed an answer. On July 25, 2022, Yniquez filed an answer.

On September 19, 2022, Intervenor Sentry Select Insurance Company (“Intervenor”) filed a Motion for Leave to Intervene to be heard on December 28, 2022. The Court continued the hearing on this motion to January 24, 2023.

Trial is currently scheduled for October 2, 2023.  

PARTY’S REQUESTS

Intervenor requests the Court grant leave for to intervene and join with AAE and Vidal.

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 to join this action as it was acting as the insurer for AAE and Vidal at the time of the incident. Intervenor has not been able to contact or communicate with Vidal for months; should Vidal fail to present a defense Intervenor may be liable to satisfy any default judgment entered against Vidal.  Intervenor has a right to join in the action, which has yet to go to trial. The Court grants the motion.

CONCLUSION

Intervenor Sentry Select 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.