This case was last updated from Los Angeles County Superior Courts on 08/12/2020 at 01:06:59 (UTC).

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS GUILLERMO ANDRES GUZMAN

Case Summary

On 06/14/2019 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY filed a Personal Injury - Motor Vehicle lawsuit against GUILLERMO ANDRES GUZMAN. 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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******5674

  • Filing Date:

    06/14/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiff

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Defendant

GUZMAN GUILLERMO ANDRES

Not Classified By Court

LOYA CASUALTY INSURANCE COMPANY

Attorney/Law Firm Details

Plaintiff Attorney

BENSON SUSAN M

 

Court Documents

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

8/10/2020: Minute Order - Minute Order (Hearing on Motion for Leave to Intervene)

Motion for Leave to Intervene - Motion for Leave to Intervene

4/22/2020: Motion for Leave to Intervene - Motion for Leave to Intervene

Declaration (name extension) - Declaration Motion to Intervene

4/22/2020: Declaration (name extension) - Declaration Motion to Intervene

Minute Order - Minute Order (Court Order)

4/28/2020: Minute Order - Minute Order (Court Order)

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 04/28/2020

4/28/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 04/28/2020

Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

2/24/2020: Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

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

1/14/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Complaint - Complaint

6/14/2019: Complaint - Complaint

Summons - Summons on Complaint

6/14/2019: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

6/14/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

6/14/2019: First Amended Standing Order - First Amended Standing Order

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

6/14/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 06/17/2022
  • Hearing06/17/2022 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

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  • 12/11/2020
  • Hearing12/11/2020 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 08/10/2020
  • DocketMinute Order (Hearing on Motion for Leave to Intervene)

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  • 08/10/2020
  • DocketHearing on Motion for Leave to Intervene scheduled for 08/10/2020 at 09:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 08/10/2020; Result Type to Held - Motion Denied

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  • 04/28/2020
  • DocketHearing on Motion for Leave to Intervene scheduled for 08/10/2020 at 09:30 AM in Spring Street Courthouse at Department 26

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  • 04/28/2020
  • DocketMinute Order (Court Order)

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  • 04/28/2020
  • DocketCertificate of Mailing for (Court Order) of 04/28/2020; Filed by: Clerk

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  • 04/24/2020
  • DocketUpdated -- Connor M. Oakes (Attorney): Organization Name changed from Fred Loya Insurance to Chavez Legal Group; Middle Name: M.

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  • 04/22/2020
  • DocketMotion for Leave to Intervene; Filed by: Guillermo Andres Guzman (Defendant); As to: Guillermo Andres Guzman (Defendant)

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  • 04/22/2020
  • DocketDeclaration Motion to Intervene; Filed by: Guillermo Andres Guzman (Defendant)

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1 More Docket Entries
  • 02/24/2020
  • DocketAddress for SUSAN M BENSON (Attorney) updated

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  • 01/14/2020
  • DocketProof of Service by Substituted Service; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Guillermo Andres Guzman (Defendant); Proof of Mailing Date: 11/08/2019; Service Cost: 75.50; Service Cost Waived: No

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  • 06/17/2019
  • DocketNon-Jury Trial scheduled for 12/11/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 06/17/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 06/17/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 06/17/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 06/14/2019
  • DocketComplaint; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Guillermo Andres Guzman (Defendant)

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  • 06/14/2019
  • DocketCivil Case Cover Sheet; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Guillermo Andres Guzman (Defendant)

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  • 06/14/2019
  • DocketSummons on Complaint; Issued and Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Guillermo Andres Guzman (Defendant)

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  • 06/14/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 06/14/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC05674    Hearing Date: August 10, 2020    Dept: 26

State Farm v. Guzman, et al.

MOTION TO INTERVENE

(CCP § 387)

TENTATIVE RULING:

Proposed Intervenor Loya Casualty Insurance Company’s Motion for Leave to Intervene is DENIED WITHOUT PREJUDICE.

ANALYSIS:

On June 4, 2019, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Guillermo Andres Guzman (“Defendant”). Plaintiff filed a proof of service of the Summons and Complaint demonstrating that Defendant was sub-served in this action effective November 18, 2019. To date, no responsive pleading has been filed to the Complaint. On April 22, 2020, non-party Loya Casualty Insurance Company (“Loya Casualty”) filed 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. 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 contends it was Defendant’s insurer at the time of the accident that gives rise to this action. However, it submits no admissible evidence of this fact. (Motion, Oakes Decl., ¶¶1-3.) The only evidence in support of the Motion is the declaration of Loya Casualty’s attorney, who offers no facts or evidence in support of his contention that Loya Casualty “provided an automobile policy

to Defendant that was in effect on the date of the subject accident.” (Ibid.) The declaration contains only a bare statement of personal knowledge regarding the facts in the declaration. (Id. at ¶1.) “Where the facts stated do not themselves show it, such bare statement of the affiant has no redeeming value and should be ignored.” (Snider v. Snider (1962) 200 Cal.App.2d 741, 754.) No declaration is submitted by a sworn agent of Loya Casualty. The Court, therefore, cannot make a finding that Loya Casualty was Defendant’s insurer at the time of the subject accident and has an interest in this action.

Loya Casualty does present evidence that it has been unable to communicate with Defendant to secure her participation in this action. (Motion, Oakes Decl., ¶¶4-11.) It is undisputed that Defendant’s insurer would have an interest in this action 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 the insurer would simply assert defenses on Defendants’ 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 for Leave to Intervene is DENIED WITHOUT PREJUDICE.

Moving party to give notice.