Judge: Olivia Rosales, Case: 21NWCV00299, Date: 2022-07-28 Tentative Ruling

Case Number: 21NWCV00299    Hearing Date: July 28, 2022    Dept: SEC


CASE NO.:  21NWCV00299

HEARING:  07/28/22






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.