What is a Motion to Intervene?

Useful Rulings on Motion to Intervene

Recent Rulings on Motion to Intervene

DAWN GIBBS VS RECREATION VEHICLE INDUSTRY ASSOCIATION ET AL

Proc., § 387, subd. (d)(1).) “The court may, upon timely application, 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).)

  • Hearing

    Sep 22, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

WATZMAN, ET AL. V. ADMINISTRATOR OF THE ESTATE OF JOSEPH TENA, ET AL.

Proc., § 387.) Here, 777 Properties I, LLC is a forfeited entity according to the California Secretary of State and the California Franchise Tax Board. Therefore, it can no longer defend itself in the matter. (Mkryan Decl., ¶ 6; Exh. A.) No party disputes this assertion. The motion sets forth the grounds for intervention. It includes a copy of the proposed answer-in-intervention. (Code Civ. Proc., § 387, subds. (c), (d)(1); Mkryan Decl., Exh. B.) Accordingly, the motion is granted.

  • Hearing

    Sep 18, 2020

GUADALUPE RODRIGUEZ GONZALEZ ETAL VS IJAH SERENE CHARLESTEIN

Proc. § 387(b). Intervenor has a direct and immediate interest in the outcome of this litigation since it provides insurance coverage to insured, Ijah Serene Charlestein, who is the Defendant in this action. Declaration of Gerald F. Gillard, ¶ 3. Intervenor is unable to locate the insured. Id. ¶¶ 5-9. Intervenor will be liable to pay any judgment obtained by Plaintiff if default is taken against the insured. Intervention is permitted to allow the insurer to protect its interests in the litigation.

  • Hearing

    Sep 16, 2020

(NO CASE NAME AVAILABLE)

Proc., § 387, subd. (c).)

  • Hearing

    Sep 16, 2020

GUADALUPE RODRIGUEZ GONZALEZ ETAL VS IJAH SERENE CHARLESTEIN

Proc. § 387(b). Intervenor has a direct and immediate interest in the outcome of this litigation since it provides insurance coverage to insured, Ijah Serene Charlestein, who is the Defendant in this action. Declaration of Gerald F. Gillard, ¶ 3. Intervenor is unable to locate the insured. Id. ¶¶ 5-9. Intervenor will be liable to pay any judgment obtained by Plaintiff if default is taken against the insured. Intervention is permitted to allow the insurer to protect its interests in the litigation.

  • Hearing

    Sep 16, 2020

DRAKE KENNEDY, ET AL. VS BRIAN KENNEDY, ET AL.

A receivership court does not have discretion to deny a motion to intervene and motion to sue by summarily determining that the movant’s claims lack merit. Jun v. Myers, (2001) 88 Cal.App.4th 117, 125. “The rule that claimants must apply to the court before suing a receiver is founded upon notions of judicial economy. In most cases a claimant can obtain appropriate relief in the receivership action; therefore an independent action will not be necessary.

  • Hearing

    Sep 15, 2020

CITY OF SANTA ANA VS. ORANGE COUNTY ASSOCIATION FOR MENTAL HEALTH

Accordingly, the court DENIES the motion to intervene.

  • Hearing

    Sep 15, 2020

JON CRITTENDEN VS LAURA A LAMBERT

Proc., § 387, subd. (d)(1).) “The court may, upon timely application, 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).)

  • Hearing

    Sep 15, 2020

  • Type

    Other

  • Sub Type

    Intellectual Property

ERIK BECERRA VS SERENITY TRANSPORTATION INC ET AL

.: BC697385 Hearing Date: September 14, 2020 [TENTATIVE] order RE: MOTIOn TO INTERVENE Liberty Mutual Insurance Company (“Liberty Mutual”) filed a motion to intervene. The parties have since filed a stipulation permitting Liberty Mutual to intervene. Therefore, the motion is granted, per the stipulation. Liberty Mutual shall file its answer-in-intervention within ten (10) days. Liberty Mutual shall provide notice and file proof of such with the Court.

  • Hearing

    Sep 14, 2020

BLAKESLEE, ET AL. V. DANIEL ANSEL AS CO-ADMINISTRATOR OF ESTATE OF JOSEPH ANTHONY TENA, ET AL.

Proc., § 387.) Here, 777 Properties I, LLC is a forfeited entity according to the California Secretary of State and the California Franchise Tax Board. Therefore, it can no longer defend itself in the matter. (Mkryan Decl., ¶ 6; Exh. A.) No party disputes this assertion. The motion sets forth the grounds for intervention. It includes a copy of the proposed answer-in-intervention. (Code Civ. Proc., § 387, subds. (c), (d)(1); Mkryan Decl., Exh. B.) Accordingly, the motion is granted.

  • Hearing

    Sep 11, 2020

AMANDA METCALF VSI BANK OF AMERICA, NA, ET AL

NATURE OF PROCEEDINGS: NOTICE OF MOTION A AND MOTION TO INTERVENE [INTV] SEDGWICK CLAIMS MANAGEMENT SERVICES, INC. RULING PLEASE NOTE: THE SEPTEMBER 11, 2020 LAW AND MOTION CALENDAR FOR DEPARTMENT E WILL BE CONDUCTED VIA ZOOM. THE ZOOM INFORMATION IS PROVIDED BELOW. Join Zoom Meeting: httnsz/lzoom.us/i/99013748569?

  • Hearing

    Sep 11, 2020

MYLENE FAROOQ VS. BANK OF AMERICA N.A., ET AL.

Proc., § 387.) “The right to intervention may be permissive or unconditional. It is permissive when a person has an interest in the matter in litigation, or in the success of either of the parties, or an interest against both of the parties. (Code Civ. Proc., § 387, subd. (a).)

  • Hearing

    Sep 10, 2020

  • Type

    Real Property

  • Sub Type

    Foreclosure

AUGUSTO GAMBOA VS T&T TRUCKING GROUP, ET AL.

Proc. § 387(b).) Intervenor has an interest in this action because if the plaintiff obtains a judgment against the suspended defendant, plaintiff could bring an action directly against the insurer. (Ins. Code § 11580). Intervention is thus permitted to allow the insurer to protect its interests and to litigate fault or damage issues that its insured is procedurally barred from pursuing. (Western Heritage Ins. Co. v. Superior Court (2011) 199 Cal. App. 4th 1196, 1207-1208; Reliance Ins. Co. v.

  • Hearing

    Sep 10, 2020

OLAMENDI VS. MIDWEST ROOFING CO., INC.

Proposed Intervenor Tokio Marine Specialty Insurance Company moves for an order for leave to file a Complaint in Intervention pursuant to the mandatory prong, or alternatively, the permissive prong of Code of Civil Procedure section 387. However, Intervenor failed to demonstrate that it properly served its moving papers. The proof of service shows Intervenor omitted the street address for Plaintiff’s counsel’s office.

  • Hearing

    Sep 10, 2020

DANIEL DE ANDA VS SAHARA SCAFFOLD

The unopposed motion to intervene filed by Redwood Fire & Casualty Insurance Company is granted. Redwood Fire & Casualty Insurance Company shall file and serve its complaint in intervention by no later than September 24, 2020. Any party who has an interest in the matter in litigation may intervene in a pending action or proceeding. CCP § 387(a). The party seeking to intervene must have a direct and immediate interest in the outcome of the litigation. Fireman's Fund Ins. Co. v.

  • Hearing

    Sep 10, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

ESPINOSA V. CITY OF CLOVIS ET AL.

Proc., § 387, subd. (d)(1)(B).) Erica Lowery has an interest in this action, as she was injured in the same incident that forms the basis of plaintiff’s complaint. Lowery’s interests in this action are not adequately represented by the existing parties. Intervention is appropriate. Pursuant to California Rules of Court, rule 3.1312(a), and Code of Civil Procedure section 1019.5, subdivision (a), no further written order is necessary.

  • Hearing

    Sep 10, 2020

  • Type

    Other

  • Sub Type

    Intellectual Property

AUGUSTO GAMBOA VS T&T TRUCKING GROUP, ET AL.

Proc. § 387(b).) Intervenor has an interest in this action because if the plaintiff obtains a judgment against the suspended defendant, plaintiff could bring an action directly against the insurer. (Ins. Code § 11580). Intervention is thus permitted to allow the insurer to protect its interests and to litigate fault or damage issues that its insured is procedurally barred from pursuing. (Western Heritage Ins. Co. v. Superior Court (2011) 199 Cal. App. 4th 1196, 1207-1208; Reliance Ins. Co. v.

  • Hearing

    Sep 10, 2020

VS. HANLEES HILLTOP

Proc., § 387, subd. (d).) 1 Canez argues that she has a right to intervene under both mandatory intervention and 2 permissive intervention. She makes similar arguments in support of both. 3 Canez contends that she has a direct interest in the Stewart action. Both the Stewart and 4 the Canez actions are PAGA cases against Milgard Manufacturing, Inc. for alleged wage and 5 hour violations. The Canez action also includes Masco Corp., Milgard’s parent company until 6 February 2020, as a defendant.

  • Hearing

    Sep 09, 2020

ALBERT OROZCO VS KAREN I AGUILAR

On March 17, 2020, non-party Loya Casualty Insurance Company (“Loya Casualty”) served the instant Motion to Intervene. To date, no opposition has been filed. Discussion The right to intervene is set forth at Code of Civil Procedure section 387.

  • Hearing

    Sep 09, 2020

  • County

    Los Angeles County, CA

DEVON LORE KNIGHT VS DOG CLUB LLC ET AL

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.

  • Hearing

    Sep 04, 2020

BRENDA SCOTT ET AL. VS TERA GALLEGOS ET AL.

The Stockton Unified School District’s unopposed motion to intervene and to file a Complaint in Intervention and accompanying submissions is GRANTED. Directions for Contesting or Arguing the Tentative Ruling: Tentative rulings for Law and Motion will be posted electronically by 1:30 p.m. the day before the hearing.

  • Hearing

    Sep 04, 2020

  • Judge Jayne Lee
  • County

    San Joaquin County, CA

ANSONY MEDRANO VS CLAUDIO E SAUCEDO ET AL

Motion to Intervene Wells Fargo moves to intervene in this action. A motion to intervene is governed by CCP section 387. An intervention occurs where a non party, the intervenor, becomes a party to an action or proceeding between other persons by: (1) joining a plaintiff in claiming what is sought by the complaint; (2) uniting with a defendant in resisting the claims of a plaintiff or (3) demanding anything adverse to both a plaintiff and a defendant. (CCP § 387(b).)

  • Hearing

    Sep 04, 2020

  • Type

    Real Property

  • Sub Type

    Quiet Title

CHEUNG VS. CLAWSON

HEARING ON MOTION TO INTERVENE AND FILE COMPLAINT IN INTERVENTION FILED BY JAMES RIVER INSURANCE COMPANY * TENTATIVE RULING: * James River Insurance Company’s motion to intervene on behalf of plaintiff is granted. All parties stipulated to the intervention pursuant to CCP § 387. James River shall file its complaint in intervention within 10 days of this hearing.

  • Hearing

    Sep 02, 2020

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS GREGORY SEANDEL BAINES

Based on the foregoing, Proposed Intervenor Loya Casualty Insurance Company’s Motion to Intervene is GRANTED. Moving party to give notice.

  • Hearing

    Sep 02, 2020

  • County

    Los Angeles County, CA

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS GREGORY SEANDEL BAINES

Based on the foregoing, Proposed Intervenor Loya Casualty Insurance Company’s Motion to Intervene is GRANTED. Moving party to give notice.

  • Hearing

    Sep 02, 2020

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