Judge: H. Jay Ford, III, Case: BC712013, Date: 2022-08-16 Tentative Ruling

Case Number: BC712013    Hearing Date: August 16, 2022    Dept: O

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SUBJECT:                

(1) PETITION FOR FOR LEAVE TO INTERVENE

MOVING PARTY:   (1) Defendants Bruce D. McLucas, M.D., Bruce D. McLucas, M.D., a professional corporation, Fibroid Treatment Collective, and Hilltop Specialty Insurance Company (formerly known as Hudson Specialty Insurance Company)

RESP. PARTY:         (1)       Plaintiff Nailah Smith

(2) MOTION TO STRIKE PETITION FOR LEAVE TO INTERVENE

MOVING PARTY:   (2) Plaintiff Nailah Smith

RESP. PARTY:         (2) Defendants Bruce D. McLucas, M.D., Bruce D. McLucas, M.D., a professional corporation, Fibroid Treatment Collective, and Hilltop Specialty Insurance Company (formerly known as Hudson Specialty Insurance Company).

            Intervenor, Hudson Specialty Insurance Company aka Hilltop Specialty Insurance Company’s (collectively “Hudson”) Petition for leave to intervene under CCP §387 is GRANTED.  Hudson is added as a named defendant in this action forthwith.

Prior to filing its answer to the complaint, however, Hudson must post a bond under CCP §1616 in an amount that the Court determines is sufficient to secure the payment of any final judgment which may be rendered in this action against the McLucas defendants.

            The Court determines the amount of the bond to be posted by Hudson is ___________________.   The bond is to be posted within 10 days.  Thereafter, Hudson may file its answer forthwith.  If a bond is not posted timely, the answer may not be filed, and the Court will order a default be entered against Hudson.

Plaintiff’s Motion to Strike Hudson’s Petition is DENIED.

Plaintiff’s Motion for Sanctions under CCP §128.7 is DENIED