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 Pending - Other Pending.
*******3721
04/16/2019
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
WENDY CHANG
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
BAINES GREGORY SEANDEL
LOYA CASUALTY INSURANCE COMPANY
BENSON SUSAN M
BENSON SUSAN MARY
KABIR ROSE
2/21/2020: Declaration (name extension) - Declaration in Support of Motion for Leave to Intervene
2/21/2020: Motion for Leave to Intervene - Motion for Leave to Intervene
3/16/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order
4/16/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order
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
7/22/2020: Motion for Leave to Amend (name extension) - Motion for Leave to Amend FIrst Amended Declaration of Rose Kabir, ESQ in support of Motion for leave to intervene
9/2/2020: Answer - Answer IN INTERVENTION
9/2/2020: Minute Order - Minute Order (Hearing on 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)
9/21/2020: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees
6/21/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service
4/16/2019: Complaint - Complaint
4/16/2019: Summons - Summons on Complaint
4/16/2019: Civil Case Cover Sheet - Civil Case Cover Sheet
4/16/2019: First Amended Standing Order - First Amended Standing Order
4/16/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
Hearing04/19/2022 at 10:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service
Hearing08/02/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial
DocketNotice of Posting of Jury Fees; Filed by: Loya Casualty Insurance Company (Non-Party)
DocketNon-Jury Trial scheduled for 08/02/2021 at 08:30 AM in Spring Street Courthouse at Department 26
DocketMinute Order (Court Order)
DocketCertificate of Mailing for (Court Order) of 09/04/2020; Filed by: Clerk
DocketUpdated -- Susan Mary Benson (Attorney): First Name changed from SUSAN to Susan; Last Name changed from BENSON to Benson; Organization Name: Benson Legal, APC; Middle Name changed from M to Mary
DocketAddress for Susan Mary Benson (Attorney) null
DocketOn the Court's own motion, Non-Jury Trial scheduled for 10/13/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Continued - by Court was rescheduled to 08/02/2021 08:30 AM
DocketUpdated -- Motion for Leave to Intervene: Filed By: Gregory Seandel Baines (Defendant); Result: Granted; Result Date: 09/02/2020
DocketHearing on Motion for Leave to Intervene scheduled for 03/17/2020 at 10:30 AM in Spring Street Courthouse at Department 26
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
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
DocketNon-Jury Trial scheduled for 10/13/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse
DocketFirst Amended Standing Order; Filed by: Clerk
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketCivil Case Cover Sheet; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Gregory Seandel Baines (Defendant)
DocketSummons on Complaint; Issued and Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Gregory Seandel Baines (Defendant)
DocketComplaint; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Gregory Seandel Baines (Defendant)
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.