Judge: Lynne M. Hobbs, Case: 22STCV29127, Date: 2023-09-28 Tentative Ruling

Case Number: 22STCV29127    Hearing Date: September 28, 2023    Dept: 30

DAYSI DALILA GARCIA vs BAZ MOHAMMAD NOMAIR, et al.

Motion for Leave to Intervene and File a Complaint in Intervention

Ruling:  Intervenor Infinity Select Insurance Company’s motion for leave to intervene is GRANTED.  Moving party to give notice.

Discussion:

Intervenor seeks leave to intervene pursuant to Code of Civil Procedure section 387. The Court finds Intervenor is permitted to intervene and thus grants the motion. The instant motion is timely based on Intervenor’s declaration that the motion is being filed within a week of the most recent unsuccessful attempts to contact Defendant Nomair, and by the deadline agreed to by Plaintiff’s counsel before Plaintiff proceeds with filing a Request for Default. (Declaration of Jessica R. Spinola, ¶¶ 7-11; Exs. “F” and “G.”) Further, Intervenor has an interest in the litigation because Plaintiff’s counsel advised that Plaintiff will be filing a Request for Default Judgement against Defendants, and unless Intervenor is allowed to intervene on behalf of itself and the insured Defendants, it may be exposed to liability pursuant to Insurance Code section 11580. (Spinola Decl., ¶¶ 6, 11, Ex. “D” and “G.”) Intervenor has attached its proposed Answer-in-Intervention as Exhibit “H” to the Spinola Declaration. (Spinola Decl. ¶ 12; Ex. “H.”) The intervention also will not enlarge the issues in the litigation because Intervenor states it will assert the same defenses that would have been asserted by the insured Defendants if they participated in the defense of this matter. Therefore, based on the foregoing, the Court grants the motion for leave to intervene. This regularly noticed motion is unopposed.