Judge: Daniel M. Crowley, Case: 22STCV33000, Date: 2023-03-17 Tentative Ruling

Case Number: 22STCV33000    Hearing Date: March 17, 2023    Dept: 28

Intervenor Scottsdale Insurance Company’s Motion for Leave to Intervene

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

BACKGROUND

On October 7, 2022, Plaintiff Robert Gandarilla (“Plaintiff”) filed this action against Defendants All Brothers Freight, Inc. (“ABF”) and Rorye Mosley (“Mosley”) for negligence.

On November 21, 2022, ABF filed an answer.

On February 22, 2023, Intervenor Scottsdale Insurance Company (“Intervenor”) filed a Motion for Leave to Intervene to be heard on March 17, 2023.

Trial is currently scheduled for April 5, 2024.  

PARTY’S REQUESTS

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

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 on behalf of Mosley, as it was providing Mosley’s employer, ABF, with insurance at the time of the incident. Should Mosley be found liable, Intervenor may be liable to satisfy a judgment. Parties have been unable to contact or locate Mosley. Intervenor has a right to join in the action, which has yet to go to trial. The Court grants the motion.

CONCLUSION

Intervenor Scottsdale 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.