Judge: Donald F. Gaffney, Case: "Zabodyn v. Volkswagen Group of America, Inc.", Date: 2022-10-05 Tentative Ruling

TENTATIVE RULING:

Motion to Compel Joinder.

Defendants Volkswagen Group of America, Inc. and Circle Audi move to compel the joinder of Craig Zabodyn as a necessary and indispensable party.  For the following reasons, the unopposed motion is GRANTED.

Code Civ. Proc. § 389(a) provides:

A person who is subject to service of process and whose joinder will not deprive the court of jurisdiction over the subject matter of the action shall be joined as a party in the action if (1) in his absence complete relief cannot be accorded among those already parties or (2) he claims an interest relating to the subject of the action and is so situated that the disposition of the action in his absence may (i) as a practical matter impair or impede his ability to protect that interest or (ii) leave any of the persons already parties subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations by reason of his claimed interest.  If he has not been so joined, the court shall order that he be made a party.

This provision requires joinder of persons materially interested in an action whenever feasible. (Deltakeeper v. Oakdale Irrigation Dist. (2001) 94 Cal. App. 4th 1092.)

Here, Plaintiff Adriana Zabodyn sues Defendants for violation of the Song-Beverly Consumer Warranty Act in connection with an Audi A4 that she leased from Defendants.  (See Complaint.)  Defendants have shown that Craig Zabodyn was also a party to that lease agreement.  (Alegado Dec., ¶ 2 and Ex. A.)  Mr. Zabodyn has a contractual interest in the subject vehicle and thus has standing to pursue the same claims asserted by Plaintiff against Defendants.  (Id.)  Defendants have also shown that adjudicating this matter in Mr. Zabodyn’s absence may leave Defendants subject to a substantial risk of further litigation over the same claims asserted by Plaintiff.  (Alegado Dec., ¶ 7.) 

Plaintiff is ordered to amend the Complaint accordingly by adding Craig Zabodyn as a Plaintiff within 20 days.

Defendants to give notice.