Judge: Steven A. Ellis, Case: 22STCV16935, Date: 2023-12-28 Tentative Ruling

Case Number: 22STCV16935    Hearing Date: February 1, 2024    Dept: 29

Motion for Leave to Intervene filed by State Farm Mutual Automobile Insurance Company

Tentative

The motion is granted.

Background

Plaintiffs Seanna Stewart and Jordynn-Bell Stewart (“Plaintiffs”) filed a complaint on May 23, 2022, against Yuan Jeanie Son, and Does 1 to 25 for damages based on an auto accident on March 16, 2021.

On July 3, 2023, Defendant Yuan Jeanie Son filed an Answer.

On September 27, 2023, State Farm Mutual Automobile Insurance Company (“State Farm”) filed this motion for leave to intervene for. No opposition has been filed.

Legal Standard

Code of Civil Procedure, section 387, subdivision (d)(1) provides that the court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if “a provision of law confers an unconditional right to intervene,” or “[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.” Additionally, upon timely application, a court may “permit a nonparty to intervene in the action or proceeding 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).) A court will determine the timeliness of a motion to intervene based on the date when a nonparty “knew or should have known their interests in the litigation were not being adequately represented.” (Ziani¿Homeowners Assn. v. Brookfield¿Ziani¿LLC¿(2015) 243 Cal.App.4th 274, 282.)¿ 

In terms of the form of the petition, Code of Civil Procedure section 387, subdivision (c) provides that a nonparty “shall petition the court for leave to intervene by noticed motion or by ex parte application. The petition shall include a copy of the proposed complaint in intervention or answer in intervention and set forth the grounds upon which intervention rests.”¿ 

“Stated differently, to establish mandatory intervention, a proposed intervener must show (1) “ ‘an interest relating to the property [or] transaction which is the subject of the action’”; (2) the party is “ ‘so situated that the disposition of the action may as a practical matter impair or impede that person's ability to protect that interest’ ”; and (3) the party is not adequately represented by existing parties.” (Edwards v. Heartland Payment Sys., Inc. (2018) 29 Cal.App.5th 725, 732.)

Discussion

In order to intervene in an action, the intervening party must timely file a motion to intervene in the action or proceeding if a provision of law confers an unconditional right to intervene.

Here, on May 23, 2022, Plaintiffs filed a complaint against Defendant Yuan Jeanie Son. State Farm now seeks to intervene. According to State Farm, the Defendant is its insured, and counsel for Defendant has been unable to contact Defendant to respond to discovery. (Avedisian Decl., ¶¶ 4-7.)

The Court finds State Farm’s motion is timely and supported by an appropriate substantive showing.  State Farm has an interest in the outcome of this matter per Insurance Code section 11590(b)(2) as it was the insurer of Defendant at the time of the accident and can be liable for the damages incurred in the outcome of this matter. Further, State Farm has established its interests are not current sufficiently represented by Defendant who is nonresponsive.

Therefore, State Farm’s motion is GRANTED.

Conclusion

Accordingly, the motion for leave to allow State Farm Mutual Automobile Insurance Company to intervene is GRANTED.

State Farm Mutual Automobile Insurance Company is ordered to file the proposed¿complaint-in-intervention attached to the motion as required under Code of Civil Procedure section 387, subdivision (e) with the Court within 10 days of this order.¿¿

Moving Party is to give notice.