This case was last updated from Los Angeles County Superior Courts on 01/09/2021 at 00:35:09 (UTC).

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS BRIAN GAMBLE

Case Summary

On 10/22/2018 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY filed a Contract - Insurance lawsuit against BRIAN GAMBLE. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JON R. TAKASUGI. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3010

  • Filing Date:

    10/22/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Insurance

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JON R. TAKASUGI

 

Party Details

Plaintiff

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Defendant

GAMBLE BRIAN

Not Classified By Court

LOYA CASUALTY INSURANCE COMPANY

Attorney/Law Firm Details

Plaintiff Attorney

MAHFOUZ RICHARD LOUIS II

Defendant Attorney

MESSINA IRENE

 

Court Documents

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion for Leave to Intervene) of 01/07/2021

1/7/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion for Leave to Intervene) of 01/07/2021

Minute Order - Minute Order (Hearing on Motion for Leave to Intervene)

1/7/2021: Minute Order - Minute Order (Hearing on Motion for Leave to Intervene)

Motion for Leave to Intervene - Motion for Leave to Intervene

7/10/2020: Motion for Leave to Intervene - Motion for Leave to Intervene

Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Non-Jury Trial) of 05/14/2020

5/14/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Non-Jury Trial) of 05/14/2020

Minute Order - Minute Order (Court Order Re: Non-Jury Trial)

5/14/2020: Minute Order - Minute Order (Court Order Re: Non-Jury Trial)

Stipulation and Order (name extension) - Stipulation and Order STIP TO SET ASIDE DEFAULT w- ANSWER ATTACHED

12/24/2019: Stipulation and Order (name extension) - Stipulation and Order STIP TO SET ASIDE DEFAULT w- ANSWER ATTACHED

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

3/27/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

2/6/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Proof of Service by Substituted Service - Proof of Service by Substituted Service

12/4/2018: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Complaint - Complaint

10/22/2018: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

10/22/2018: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

10/22/2018: Summons - Summons on Complaint

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

10/22/2018: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

1 More Documents Available

 

Docket Entries

  • 10/25/2021
  • Hearing10/25/2021 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 02/22/2021
  • Hearing02/22/2021 at 11:00 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion for Leave to Intervene

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  • 02/01/2021
  • Hearing02/01/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 01/07/2021
  • DocketHearing on Motion for Leave to Intervene scheduled for 02/22/2021 at 11:00 AM in Spring Street Courthouse at Department 25

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  • 01/07/2021
  • DocketMinute Order (Hearing on Motion for Leave to Intervene)

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  • 01/07/2021
  • DocketCertificate of Mailing for (Hearing on Motion for Leave to Intervene) of 01/07/2021; Filed by: Clerk

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  • 01/07/2021
  • DocketOn the Court's own motion, Hearing on Motion for Leave to Intervene scheduled for 01/07/2021 at 10:00 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 02/22/2021 11:00 AM

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  • 07/10/2020
  • DocketMotion for Leave to Intervene; Filed by: Brian Gamble (Defendant); As to: State Farm Mutual Automobile Insurance Company (Plaintiff)

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  • 07/10/2020
  • DocketHearing on Motion for Leave to Intervene scheduled for 01/07/2021 at 10:00 AM in Spring Street Courthouse at Department 25

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  • 05/14/2020
  • DocketMinute Order (Court Order Re: Non-Jury Trial)

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11 More Docket Entries
  • 02/06/2019
  • DocketDefault entered as to Brian Gamble; On the Complaint filed by State Farm Mutual Automobile Insurance Company on 10/22/2018

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  • 02/04/2019
  • DocketCase reassigned to Stanley Mosk Courthouse in Department 94 - Hon. James E. Blancarte; Reason: Inventory Transfer

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  • 12/04/2018
  • DocketProof of Service by Substituted Service; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Brian Gamble (Defendant)

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  • 10/22/2018
  • DocketComplaint; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Brian Gamble (Defendant)

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  • 10/22/2018
  • DocketCivil Case Cover Sheet; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff)

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  • 10/22/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 10/22/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 10/22/2018
  • DocketCase assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse

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  • 10/22/2018
  • DocketNon-Jury Trial scheduled for 04/20/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 10/22/2018
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 10/25/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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Tentative Rulings

Case Number: 18STLC13010    Hearing Date: January 07, 2021    Dept: 25

HEARING DATE: Thu., January 7, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: State Farm Mutual Automobile Insurance Co. v. Gamble

CASE NUMBER: 18STLC13010 COMP. FILED: 10-22-18

NOTICE: NO (¿ Gamble) DISC. C/O: 01-02-21

MOTION C/O: 01-17-21

TRIAL DATE: 02-01-21

PROCEEDINGS: MOTION FOR LEAVE TO INTERVENE

MOVING PARTY: Prospective Intervenor Loya Casualty Insurance Company

RESP. PARTY: None

MOTION TO INTERVENE

(CCP § 387)

TENTATIVE RULING:

Prospective Intervenor Loya Casualty Insurance’s Motion for Leave to Intervene is GRANTED ON THE CONDITION THAT, before the hearing, Loya files a proof of service demonstrating Defendant was served with this Motion. Otherwise, the hearing will be CONTINUED TO fEB 22, 2021 AT 11:00 A.M. in Department 25 at the SPRING STREET COURTHOUSE. If continued, Loya must file a proof of service demonstrating Defendant was served with the Motion at least 16 court days before the next scheduled hearing. Failure to do so may result in the Motion being placed off calendar or denied.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of January 5, 2021 [ ] Late [X] None

REPLY: None filed as of January 5, 2021 [ ] Late [X] None

ANALYSIS:

  1. Background

On October 22, 2018, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed an action for motor vehicle negligence against Defendant Brian Gamble (“Defendant”). Following Defendant’s failure to respond, default was entered against him on February 6, 2019. On December 24, 2019, the default was set aside and an answer was filed pursuant to the parties’ stipulation. (12/24/19 Stipulation.)

On July 10, 2020, Prospective Intervenor Loya Casualty Insurance Company (“Loya”) filed the instant Motion for Leave to Intervene (the “Motion”). To date, no opposition has been filed.

  1. Legal Standard

Intervention is permitted when “[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.” (Code Civ. Proc., § 387, subd. (d)(1)(B).) Whether the petitioner has an interest in the matter in litigation is a question of fact that must be determined by the court before leave to file is granted. (Muller v. Robinson (1959) 174 Cal.App.2d 511, 515; In re Yokohama Special Bank (1948) 86 Cal.App.2d 545.) The burden rests on the one seeking to intervene to show that this is a proper case for intervention. (Id. at 515.)

  1. Discussion

The instant action arises out of an automobile accident that occurred on or about February 22, 2018. (Mot., p. 3:4-7.) Loya provides evidence that it was Defendant’s insurer at the time the alleged accident occurred. (Id., Messina Decl., ¶ 3, Exh. A.) Defendant’s counsel, who is also Loya’s counsel, explains that Defendant informed her on March 18, 2019 that his occupation requires him to frequently travel to the Philippines for extended stays, that she was unable to reach Defendant for almost one year after the March 18, 2019 communication, that Defendant made an appointment to meet with counsel on March 6, 2020, that Defendant did not keep his appointment, and that Defendant has not communicated with counsel since. (Id. at ¶¶ 7-10.) Counsel also explains her office has made numerous calls to his known telephone numbers, which have been disconnected, and correspondence mailed to him was returned by the post office as “return to sender/attempted – not known/unable to forward.” (Id. at ¶ 11-13.) She further explains that on June 1, 2020, she retained a private investigator, Tom Dailey, who has been unsuccessful in locating Defendant. (Id. at ¶ 14.) As of the date of this Motion, counsel does not know where Defendant is located and has exhausted her avenues to contact him. (Id. at ¶ 15.)

The Court finds Loya has demonstrated that unless it is allowed to intervene, both its interests and Defendant’s interests will be prejudiced. Insurance Code section 11580, subdivision (b)(2) provides that an insurance policy must contain “[a] provision that whenever judgment is secured against the insured…in an action based upon bodily injury, death, or property damage, then an action may be brought against the insurer on the policy and subject to its terms and limitations, by such judgment creditor to recover on the judgment.” Based on the foregoing, the Court finds Loya has an interest in the action and would be required to satisfy any judgment rendered against Defendant. (See also Reliance Ins. Co. v. Superior Court (2008) 84 Cal.App.4th 383, 386.) In addition, the intervention will not enlarge the issues in this action, as Loya will simply assert defenses on Defendant’s behalf. (Reliance Ins. Co., supra, at 386 [citing Truck Ins. Exch. v. Superior Court (1997) 60 Cal.App.4th 342, 346).)

Although the Court is inclined to grant Loya’s request, the proof of service does not demonstrate Loya served this Motion on Defendant. However, in the interest of judicial economy, the Motion is GRANTED ON THE CONDITION THAT, before the hearing, Loya files a proof of service demonstrating Defendant was served with the Motion. Otherwise, the hearing will be CONTINUED.

  1. Conclusion & Order

For the foregoing reasons, Prospective Intervenor Loya Casualty Insurance’s Motion for Leave to Intervene is GRANTED ON THE CONDITION THAT, before the hearing, Loya files a proof of service demonstrating Defendant was served with this Motion. Otherwise, the hearing will be CONTINUED TO FEB 22. 2021 AT 11:00 A.M. in Department 25 at the SPRING STREET COURTHOUSE. If continued, Loya must file a proof of service demonstrating Defendant was served with the Motion at least 16 court days before the next scheduled hearing. Failure to do so may result in the Motion being placed off calendar or denied.

Moving party is ordered to give notice.