This case was last updated from Los Angeles County Superior Courts on 07/31/2020 at 21:30:44 (UTC).

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS JOOYOUNG LEE

Case Summary

On 06/05/2019 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY filed a Personal Injury - Motor Vehicle lawsuit against JOOYOUNG LEE. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******5452

  • Filing Date:

    06/05/2019

  • 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

JAMES E. BLANCARTE

 

Party Details

Plaintiff

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Defendant

LEE JOOYOUNG

Attorney/Law Firm Details

Plaintiff Attorney

BENSON SUSAN M

Defendant Attorney

OAKES CONNOR

 

Court Documents

Answer - Answer

5/1/2020: Answer - Answer

Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

5/1/2020: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

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

Motion for Leave to Intervene - Motion for Leave to Intervene

3/27/2020: Motion for Leave to Intervene - Motion for Leave to Intervene

Motion for Leave to Amend (name extension) - Motion for Leave to Amend Proposed motion to for leave to intervene

3/27/2020: Motion for Leave to Amend (name extension) - Motion for Leave to Amend Proposed motion to for leave to intervene

Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil - Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil

3/27/2020: Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil - Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil

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

6/5/2019: Complaint - Complaint

Summons - Summons on Complaint

6/5/2019: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

6/5/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

6/5/2019: First Amended Standing Order - First Amended Standing Order

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

6/5/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 06/08/2022
  • Hearing06/08/2022 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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  • 12/02/2020
  • Hearing12/02/2020 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 06/29/2020
  • DocketPursuant to the request of moving party, Hearing on Motion for Leave to Intervene scheduled for 06/30/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Taken Off Calendar by Party on 06/29/2020

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  • 05/01/2020
  • DocketNotice of Posting of Jury Fees; Filed by: Jooyoung Lee (Defendant)

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  • 05/01/2020
  • DocketAnswer; Filed by: Jooyoung Lee (Defendant); As to: State Farm Mutual Automobile Insurance Company (Plaintiff)

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  • 04/16/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 04/16/2020
  • DocketReset - Court Unavailable, Hearing on Motion for Leave to Intervene scheduled for 04/28/2020 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 06/30/2020 08:30 AM

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  • 03/27/2020
  • DocketDeclaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil; Filed by: Connor Oakes (Attorney)

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  • 03/27/2020
  • DocketMotion for Leave to Amend Proposed motion to for leave to intervene; Filed by: Jooyoung Lee (Defendant)

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  • 03/27/2020
  • DocketMotion for Leave to Intervene; Filed by: Jooyoung Lee (Defendant); As to: State Farm Mutual Automobile Insurance Company (Plaintiff)

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  • 03/27/2020
  • DocketHearing on Motion for Leave to Intervene scheduled for 04/28/2020 at 10:30 AM in Spring Street Courthouse at Department 25

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  • 01/14/2020
  • DocketProof of Service by Substituted Service; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Jooyoung Lee (Defendant); Proof of Mailing Date: 11/06/2019; Service Cost: 75.50; Service Cost Waived: No

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  • 06/07/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 06/08/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 06/07/2019
  • DocketNon-Jury Trial scheduled for 12/02/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 06/07/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 06/05/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 06/05/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 06/05/2019
  • DocketSummons on Complaint; Issued and Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Jooyoung Lee (Defendant)

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  • 06/05/2019
  • DocketCivil Case Cover Sheet; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Jooyoung Lee (Defendant)

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  • 06/05/2019
  • DocketComplaint; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Jooyoung Lee (Defendant)

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Tentative Rulings

Case Number: 19STLC05452    Hearing Date: June 30, 2020    Dept: 25

MOTION TO INTERVENE

(CCP § 387)

TENTATIVE RULING:

Prospective Intervenor Loya Casualty Insurance’s Motion for Leave to Intervene is CONTINUED TO SEPTEMBER 16, 2020 at 9:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Loya is ordered to file and serve supplemental papers addressing the deficiencies identified herein. 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 June 25, 2020 [ ] Late [X] None

REPLY: None filed as of June 25, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On June 5, 2019, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed an action for subrogation against Defendant Joo Young Lee (“Defendant”).

On March 27, 2020, prospective intervenor Loya Casualty Insurance Company (“Loya”) filed the instant Motion for Leave to Intervene (the “Motion”). On May 1, 2020, Defendant filed an Answer. To date, no opposition to the Motion 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 October 11, 2017. (Compl., ¶ 7.) Loya argues it was Defendant’s insurer at the time of the accident. (Mot., Oakes Decl., ¶ 3.) As evidence, Loya submits a declaration from its attorney stating that Loya insured Defendant for the period in which the accident occurred. (Id.). However, “[w]here 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.) Loya did not submit any documentary evidence, such as a sworn declaration from one of its agents, in support of its assertion. Thus, the Court cannot find that Loya was Defendant’s insurer at the time of the accident.

Notably, Defendant filed an Answer to the Complaint on May 1, 2020. In its original Motion, Loya argued that, despite extensive efforts, it had been unable to contact or locate Defendant, who, at the time, had not yet appeared in the action. (Mot., Oakes Decl., ¶¶ 4-7.) It further argued it needed to intervene to protect its interests. (Mot., Oakes Decl., ¶ 12.) Indeed, it is undisputed that an insurance carrier would have an interest in an action against its insured, as the carrier would be required to satisfy any judgment rendered against its insured. (See Cal. Ins. Code, § 11580, subd. (b)(2); Reliance Ins. Co. v. Superior Court (2000) 84 Cal.App.4th 383, 386.) However, now that Defendant has filed an Answer, Loya has not explained why its interests are not adequately represented by Defendant.

  1. Conclusion & Order

For the foregoing reasons, Prospective Intervenor Loya Casualty Insurance’s Motion for Leave to Intervene is CONTINUED TO SEPTEMBER 16, 2020 at 9:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Loya is ordered to file and serve supplemental papers addressing the deficiencies identified herein. Failure to do so may result in the Motion being placed off calendar or denied.

Moving party is ordered to give notice.