Judge: Olivia Rosales, Case: 21NWCV00299, Date: 2022-07-28 Tentative Ruling
Case Number: 21NWCV00299 Hearing Date: July 28, 2022 Dept: SEC
CULINARY INTERNATIONAL, LLC v. C&F
FOODS, INC.
CASE NO.: 21NWCV00299
HEARING: 07/28/22
JUDGE: OLIVIA ROSALES
#3
TENTATIVE ORDER
ZURICH AMERICAN INSURANCE’s motion for leave to intervene is
GRANTED.
The proposed Complaint in Intervention, attached as Exhibit
E to the Declaration of Richard P. Diefenbach is NOT deemed filed as of the hearing date. ZURICH AMERICAN
INSURANCE is ORDERED to FILE its
Complaint-in-Intervention within 5 days of the Court’s issuance of this Order.
Moving Party to give Notice.
ZURICH AMERICAN INSURANCE (“Zurich”) is the comprehensive
general liability insurer of Defendant C&F Foods, Inc. “[W]here the insurer
may be subject to a direct action under Insurance section 11580 by a judgment
creditor who has or will obtain a default judgment in a third party action
against the insured, intervention is appropriate. [Citation.] The insurer may
either intervene in that action prior to judgment or move under Code of Civil
Procedure section 473 to set aside the default judgment. Where an insurer has
failed to intervene in the underlying action or to move to set aside the
default judgment, the insurer is bound by the default judgment.” (Reliance
Ins. Co. v. Sup. Ct. (2000) 84 Cal.App.4th 383, 387.) Consequently, Zurich seeks
leave to intervene in order to protect its own interests in this action. Indeed,
Zurich has an interest in this litigation and is situated such that disposition
of this action would impede its ability to protect that interest. (CCP
§387(b).) The motion to intervene is GRANTED.