Judge: Michael E. Whitaker, Case: 20STCV25141, Date: 2022-08-05 Tentative Ruling

Case Number: 20STCV25141    Hearing Date: August 5, 2022    Dept: 32

PLEASE NOTE:   Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.  If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit.  The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling.  If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.  If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely (which is highly encouraged).  Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court. 

TENTATIVE RULING

            Proposed Intervenor Liberty Mutual Insurance Company (“Intervenor”) seeks leave to intervene in this action per Code of Civil Procedure section 387 and Labor Code section 3850, et seq. The motion is unopposed.

            The Court notes that Intervenor has not filed a proof of service in connection with the motion to establish the date and manner of service on all parties who have appeared in the action.  The Court is therefore unable to determine whether Intervenor has provided adequate notice of the motion to the parties who have appeared in the action per Code of Civil Procedure section 1005.  (See Code Civ. Proc., 1005, subd. (b).) 

            Accordingly, the Court denies the motion as procedurally defective.  Intervenor shall provide notice of the Court’s ruling and file proof of service of such.