Judge: Salvatore Sirna, Case: 22PSCV01275, Date: 2023-10-16 Tentative Ruling

Case Number: 22PSCV01275    Hearing Date: October 16, 2023    Dept: G

Defendant-in-Intervention State Farm Mutual Automobile Insurance Company’s Motion for Leave to Intervene in Action

Respondent: NO OPPOSITION

TENTATIVE RULING

Defendant-in-Intervention State Farm Mutual Automobile Insurance Company’s Motion for Leave to Intervene in Action is GRANTED and State Farm’s proposed answer, filed separately, is deemed filed this date.

BACKGROUND

This is a personal injury action arising from an automobile collision. In January 2022, Defendant Freddy Omar Perez Talavera was driving a box truck westbound on State Route 60 in Los Angeles County. When traffic in front of Perez Talavera came to a stop, Perez Talavera collided with the vehicles and caused a multi-vehicle collision. One of the vehicles hit in the collision was being operated by Plaintiff Ramon Perez. At the time of the collision, Perez Talavera was working for Defendant Dynamic Delivery Install, Inc. (Dynamic). As a result of the collision, Perez allegedly sustained personal injuries and property damage.

On October 13, 2022, Perez filed a complaint against Dynamic, Perez Talavera, and Does 1-50, alleging (1) negligence, (2) negligent entrustment, and (3) negligent hiring, training, supervision, and retention.

On March 2, 2023, Perez amended the complaint to replace Doe 1 with Defendant Premium Installs Corp. (Premium Installs).

On September 15, 2023, State Farm Mutual Automobile Insurance Company (State Farm) filed the present motion as an intervenor for Dynamic.

A hearing on State Farm’s motion is set for October 16, 2023. An OSC Re: Failure to File Proof of Service as to Dynamic, an OSC Re: Default/Default Judgment as to Dynamic, case management conference, and OSC Re: Sanctions as to Premium Installs are all set for November 16.

ANALYSIS

State Farm moves to intervene in this action on behalf of Dynamic. For the following reasons, the court GRANTS State Farm’s motion.

Legal Standard

Pursuant to Code of Civil Procedure section 387, subdivision (d)(1)(B), the court must allow a nonparty to intervene in an action upon timely application if “[t]he 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.”

Furthermore, the court may allow a nonparty to intervene in an action upon timely application “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.” (Code Civ. Proc., § 387, subd. (d)(2).) “Intervention will generally be permitted if: ‘(1) the proper procedures have been followed[,] (2) the nonparty has a direct and immediate interest in the action[,] (3) the intervention will not enlarge the issues in the litigation[,] and (4) the reasons for the intervention outweigh any opposition by the parties presently in the action.’” (Accurso v. In-N-Out Burgers (App. 2023) 313 Cal.Rptr.3d 51, 61, quoting City and County of San Francisco v. State of California (2005) 128 Cal.App.4th 1030, 1036.)

Discussion

In this case, State Farm argues it has a direct interest in this action because it is Dynamic’s insurer. (Anderson Decl., ¶ 3.) The court agrees as State Farm may be required to satisfy a judgment obtained against Dynamic. (Reliance Ins. Co. v. Superior Court (2000) 84 Cal.App.4th 383, 387.) Furthermore, State Farm’s intervention will not likely enlarge the issues in this litigation as State Farm is likely to assert the same defenses as Dynamic. (Ibid.) Last, Plaintiff Perez  failed to file a timely opposition and assert any reasons against intervention.

Accordingly, the court GRANTS State Farm’s motion.

CONCLUSION

Based on the foregoing, State Farm’s motion to intervene is GRANTED and its proposed answer, filed separately is deemed filed this date.