Judge: Elaine W. Mandel, Case: 22SMCV02169, Date: 2024-01-26 Tentative Ruling

Case Number: 22SMCV02169    Hearing Date: January 26, 2024    Dept: P

Tentative Ruling

Rader. v. Demarest, Case No. 22SMCV02169 (related case: 22SMCV02409)

Hearing date January 26, 2024

Mercury Insurance Company’s Motion for Leave to Intervene

Plaintiff Rader in lead case 22SMCV02169 sued defendant Demarest for injuries sustained in a motor vehicle accident. Plaintiff Bauer filed case 22SMCV02409 for injuries sustained in the same incident. The cases were related. Defendant Demarest’s carrier, Mercury Insurance Company filed this Motion for Leave to Intervene. Plaintiffs did not oppose (see Joint Status Conf. Report 1/18/24.)

“An intervention takes place when a nonparty, deemed an intervenor, becomes a party to an action or proceeding between other persons by…(2) uniting with a defendant in resisting the claims by a plaintiff.” Code Civ. Proc., § 387(b)(2). “A nonparty shall petition the court for leave to intervene by noticed motion or ex parte application. The petition shall include a copy of the proposed complaint in intervention or answer in intervention and set forth the grounds upon which intervention rests.” Code Civ. Proc. § 387(c). “The court may, upon timely application, permit a nonparty to intervene in the action or proceeding if the person has an interest in the matter in litigation, or in the success of either of the parties, or an interest against both.” Code Civ. Proc., § 387(d)(2).

Mercury alleges it has an interest in this litigation because its insured Demarest has not responded to attempts to contact him based on mental health issues. Mercury argues it will ultimately pay the judgment and, without defendant’s cooperation, it will be difficult to defend the case. Mercury argues there could be sanctions imposed for failure to engage in the litigation process. Mercury contends there are no others means other than intervening to litigate plaintiffs’ damages claims.

Mercury attached a copy of the proposed complaint in intervention. Plaintiffs are not opposed to Mercury’s intervention. GRANTED. The complaint in intervention to be filed within 10 court days.

Based on the parties’ request and information contained in the joint status conference statement, the court is inclined to grant the parties’ request for a brief continuance of the trial date.