Judge: Lisa R. Jaskol, Case: 20STCV49170, Date: 2023-09-28 Tentative Ruling

Case Number: 20STCV49170    Hearing Date: September 28, 2023    Dept: 28

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

BACKGROUND 

On December 23, 2020, Plaintiffs Linda Escamilla, David Escamilla, and Daniel Escamilla, as individuals, heirs and representatives of the Estate of Daniela Mendoza, filed this action against Defendants Johnathan Cortez (“Cortez”), Raymond Tsarukyan (“Tsarukyan”), Rayzor Corp., A Class Recycling, and Does 1-50 for negligence/wrongful death. 

On May 18, 2022, Cortez filed an answer. 

On February 21, 2023, the clerk entered default against Tsarukyan. On February 23, 2023, Tsarukyan filed an answer. 

On May 30, 2023, Intervenor Infinity Insurance Company (“Intervenor”) filed a motion for leave to intervene to be heard on September 28, 2023.  No opposition has been filed. 

No trial date is currently scheduled. 

INTERVENOR’S REQUEST 

Intervenor requests that the Court grant it leave to intervene on behalf of Defendant Rayzor Corp. dba A Class Recycling (sued erroneously as Rayzor Corp. and A Class Recycling) ("Rayzor"). 

LEGAL STANDARD 

Code of Civil Procedure section 387, subdivision (d)(2) provides: “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."  

Under Code of Civil Procedure section 387, subdivision (d)(1), "[t]he court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if either of the following conditions is satisfied: (A) A provision of law confers an unconditional right to intervene.  (B) The person seeking intervention claims an interest relating to the property or transaction that is the subject of the action and that person is so situated that the disposition of the action may impair or impede that person's ability to protect that interest, unless that person's interest is adequately represented by one or more of the existing parties." 

"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, subd. (c).)

DISCUSSION 

Intervenor requests leave to join this action because it is Rayzor's insurer.  Intervenor wishes to file a Complaint-in-Intervention in order to assert denials and defenses against Plaintiff’s complaint.  As Rayzor’s insurer, Intervenor may be asked to satisfy a judgment entered against Rayzor.  Intervenor has an interest in this action and may intervene to protect its interests. The Court grants the motion. 

CONCLUSION 

The Court GRANTS Intervenor Infinity Insurance Company’s motion for leave to file a complaint-in-intervention.   Intervenor Infinity Insurance Company is ordered to file its complaint-in-intervention within 15 days of the hearing on this motion. 

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.