STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS GREGORY SEANDEL BAINES
Case Summary
On 04/16/2019 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY filed a Personal Injury - Motor Vehicle lawsuit against GREGORY SEANDEL BAINES. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is WENDY CHANG. The case status is Disposed - Judgment Entered.
Case Details
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Case Number:
*******3721
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Filing Date:
04/16/2019
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Case Status:
Disposed - Judgment Entered
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Courthouse:
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County, State:
Los Angeles, California
Judge Details
Judge
WENDY CHANG
Party Details
Plaintiff
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
Defendants and Not Classified By Court
BAINES GREGORY SEANDEL
LOYA CASUALTY INSURANCE COMPANY
LOYA CASUALTY INSURANCE COMPANY DISMISSED
Interpleader, Defendant and Not Classified By Court
LOYA CASUALTY INSURANCE COMPANY
Attorney/Law Firm Details
Plaintiff Attorneys
BENSON SUSAN M
BENSON SUSAN MARY
Defendant, Interpleader and Not Classified By Court Attorney
KABIR ROSE
Court Documents
9/9/2021: Acknowledgment of Satisfaction of Judgment - Acknowledgment of Satisfaction of Judgment
9/2/2021: Minute Order - Minute Order (Order to Show Cause Re: Dismissal (Settlement) as to Interven...)
9/2/2021: Default Judgment - Default Judgment
8/18/2021: Notice of Rejection - Application for Default Judgment by Court - Contract or Tort - Notice of Rejection - Application for Default Judgment by Court - Contract or Tort
8/3/2021: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment
8/3/2021: Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment
8/3/2021: Declaration (name extension) - Declaration Declaration Re: Superior Court Filing Cal. Civ. Code Section 1033
8/2/2021: Minute Order - Minute Order (Jury Trial;)
8/2/2021: Certificate of Mailing for - Certificate of Mailing for (Jury Trial;) of 08/02/2021
7/15/2021: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment
7/15/2021: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment
7/29/2021: Order to Show Cause re: Dismissal (Settlement) - Order to Show Cause re: Dismissal (Settlement)
2/21/2020: Declaration (name extension) - Declaration in Support of Motion for Leave to Intervene
6/16/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order
7/22/2020: Motion for Leave to Intervene - Motion for Leave to Intervene
9/4/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 09/04/2020
9/4/2020: Minute Order - Minute Order (Court Order)
4/16/2019: First Amended Standing Order - First Amended Standing Order
Docket Entries
- 09/09/2021
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DocketAcknowledgment of Satisfaction of Judgment; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Gregory Seandel Baines (Defendant); Partial Amount: 4282.33
- 09/02/2021
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DocketDefault Judgment; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Gregory Seandel Baines (Defendant)
- 09/02/2021
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DocketDefault judgment by Court entered for Plaintiff State Farm Mutual Automobile Insurance Company against Defendant Gregory Seandel Baines on the Complaint filed by State Farm Mutual Automobile Insurance Company on 04/16/2019 for the principal amount of $9,488.95, interest of $1,601.60, and costs of $300.50 for a total of $11,391.05.
- 09/02/2021
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DocketMinute Order (Order to Show Cause Re: Dismissal (Settlement) as to Interven...)
- 09/02/2021
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DocketOrder to Show Cause Re: Dismissal (Settlement) as to Intervenor, Loya Casualty Insurance Company, Only scheduled for 09/02/2021 at 09:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 09/02/2021; Result Type to Held
- 09/02/2021
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DocketOrder to Show Cause Re: Entry of Default and Default Judgment as to Gregory Seandel Baines scheduled for 09/02/2021 at 09:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 09/02/2021; Result Type to Held
- 09/01/2021
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DocketUpdated -- Request for Dismissal: Name Extension: blank; As To Parties changed from Loya Casualty Insurance Company (Defendant in Intervention) to Loya Casualty Insurance Company (Defendant)
- 09/01/2021
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DocketUpdated -- Loya Casualty Insurance Company (Defendant in Intervention): Organization Name changed from Loya Casualty Insurance Company (DISMISSED) to Loya Casualty Insurance Company
- 08/24/2021
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DocketUpdated -- Request for Dismissal (as to Does 1 through 5): Name Extension: (as to Does 1 through 5); As To Parties: removed
- 08/24/2021
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DocketRequest for Dismissal with prejudice as to Defendant In Intervention Loya Casualty Insurance ONLY; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Loya Casualty Insurance Company (Defendant in Intervention)
- 02/21/2020
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DocketHearing on Motion for Leave to Intervene scheduled for 03/17/2020 at 10:30 AM in Spring Street Courthouse at Department 26
- 06/21/2019
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DocketProof of Service by Substituted Service; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Gregory Seandel Baines (Defendant); Proof of Mailing Date: 05/13/2019; Service Cost: 75.50; Service Cost Waived: No
- 04/17/2019
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DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 04/19/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94
- 04/17/2019
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DocketNon-Jury Trial scheduled for 10/13/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94
- 04/17/2019
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DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse
- 04/16/2019
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DocketFirst Amended Standing Order; Filed by: Clerk
- 04/16/2019
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DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
- 04/16/2019
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DocketCivil Case Cover Sheet; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Gregory Seandel Baines (Defendant)
- 04/16/2019
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DocketSummons on Complaint; Issued and Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Gregory Seandel Baines (Defendant)
- 04/16/2019
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DocketComplaint; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Gregory Seandel Baines (Defendant)
Tentative Rulings
Case Number: 19STLC03721 Hearing Date: September 02, 2020 Dept: 26
MOTION TO INTERVENE
(CCP § 387)
TENTATIVE RULING:
Proposed Intervenor Loya Casualty Insurance Company’s Motion to Intervene is GRANTED.
ANALYSIS:
On April 16, 2019, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Gregory Seandel Baines (“Defendant”). Plaintiff filed a proof of service of the Summons and Complaint demonstrating that Defendant was served with this action on May 11, 2019. To date, Defendant has not filed a responsive pleading. Non-party Loya Casualty Insurance Company (“Loya Casualty”) filed the instant motion to intervene on February 21, 2020.
The Motion was set for hearing on March 17, 2020, then continued prior to hearing to September 2, 2020. On July 22, 2020, Loya Casualty re-filed the Motion with an amended supporting declaration.
To date, no opposition has been filed.
Discussion
The right to intervene is set forth at Code of Civil Procedure section 387. Intervention is allowed 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.)
Loya Casualty presents evidence it was Defendant’s insurer at the time of the accident that gives rise to this action. (Motion, First Amended Kabir Decl., ¶3 and Exh. A.) Loya Casualty further presents evidence that it has been unable to locate Defendant to participate in this action. (Motion, Kabir Decl., ¶¶5-7.) It is undisputed that Defendant has not appeared and that his insurer would have an interest as it would be required to satisfy any judgment rendered against Defendant. (See Cal. Ins. Code § 11580, subd. (b)(2); Reliance Ins. Co. v. Superior Court (2000) 84 Cal.App.4th 383, 386.) Nor would intervention enlarge the issues in this action, as it would 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).)
Based on the foregoing, Proposed Intervenor Loya Casualty Insurance Company’s Motion to Intervene is GRANTED.
Moving party to give notice.
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