Judge Lee W. Tsao, Case Number: 23NWCV0059723NWC, Date: 2024-09-25 Tentative Ruling

Judge: Lee W. Tsao, Case: 23NWCV0059723NWC, Date: 2024-09-25 Tentative Ruling

Case Number: 23NWCV0059723NWC Hearing Date: September 25, 2024 Dept: C

QURESHI VS. ING LOGISTICS, ET AL.

CASE NO.: 23NWCV00970

HEARING: 9/25/24 @ 9:30 A.M.

TENTATIVE RULING

Sentry Select Insurance Company’s motion for leave to file answer-in-intervention and cross-complaint is GRANTED. The answer-in-intervention and cross-complaint shall be filed within 5 days.

Moving Party to give NOTICE.

This motion is unopposed as of September 23, 2024.

This is about an automobile collision which occurred on or about November 17, 2021 at 11:00 p.m. on the Interstate 710 southbound freeway near Firestone Boulevard in the City of Bell, County of Los Angeles. (Compl., ¶¶ 12-13.) Plaintiff Bilquees Qureshi sues Defendants Fernando Garcia and ING Logistics. ING Logistics owns the vehicle Garcia was operating. (Compl., ¶¶ 4-6.)

Sentry Select Insurance Company moves for an order under section 387 of the Code of Civil Procedure and Revenue and Tax Code section 19719, subdivision (b) to file an answer in intervention and ROE cross-complaint on behalf of ING Logistics, Inc.

Timeliness

The party seeking to intervene must be timely, determined by the totality of circumstances, which includes the following factors: (1) stage of the proceedings; (2) prejudice to other parties from the delay in seeking to intervene; and (3) the reason for the delay. (Crestwood Behavioral Health, Inc. v. Lacy (2021) 70 Cal.App.5th 560, 574-576.) Prejudice to existing parties is the most important consideration. (Id., at 574.)

Sentry Select Insurance Company has not addressed timeliness. Because this motion is unopposed, the Court considers this issue waived.

Legal Standard

A nonparty can petition the court for leave to intervene by noticed motion. (Code Civ. Proc., § 387, subd. (c).) 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, subd. (c).)

Discussion

Sentry Select Insurance Company asserts that ING Logistics, Inc. cannot defend this action because of its suspended corporate status with the Secretary of State of California. It further asserts that if the Court issues a judgment against ING Logistics, Inc., Plaintiff will likely seek proceeds from the policy issued to ING Logistics, Inc. by Sentry Select Insurance Company.

Based on this, Sentry Select Insurance Company argues that it has a direct interest in the outcome of this litigation. Sentry Select Insurance Company does not seek to enlarge the litigation; rather, it seeks to protect ING Logistics, Inc.’s and Sentry Select Insurance Company’s interests in connection with claims Plaintiff brought against ING Logistics, Inc. In support, Select Insurance Company submits evidence of its suspended corporate status. (Decl. Hsu, ¶ 4, Ex. 1.)

Sentry Select Insurance Company cites Kaufman & Broad Communities, Inc. vs. Performance Plastering, Inc. (2006) 136 Cal.App.4th 212, which held that when an insurance company seeks to provide a defense in pending litigation for a corporation that has been suspended for nonpayment of its taxes, the insurance company must intervene in the action to protect its interests and those of its insured. The Court follows Kaufman & Broad Communities, Inc. vs. Performance Plastering, Inc. (2006) 136 Cal.App.4th 212.

The motion is granted. Intervenor shall separately file and serve the answer in intervention and cross complaint and shall serve notice of the court’s decision to parties who have appeared pursuant to Code Civ. Proc. § 387, subd. (e).