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.
*******5452
06/05/2019
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
JAMES E. BLANCARTE
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
LEE JOOYOUNG
BENSON SUSAN M
OAKES CONNOR
11/17/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order
5/1/2020: Answer - Answer
5/1/2020: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees
4/16/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order
3/27/2020: Motion for Leave to Intervene - Motion 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
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
1/14/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service
6/5/2019: Complaint - Complaint
6/5/2019: Summons - Summons on Complaint
6/5/2019: Civil Case Cover Sheet - Civil Case Cover Sheet
6/5/2019: First Amended Standing Order - First Amended Standing Order
6/5/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
Hearing06/17/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial
DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 06/08/2022 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 11/17/2020
DocketUpdated -- Event scheduled for 12/02/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Type changed from Non-Jury Trial to Jury Trial
DocketOn the Court's own motion, Jury Trial scheduled for 12/02/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 06/17/2021 08:30 AM
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
DocketAnswer; Filed by: Jooyoung Lee (Defendant); As to: State Farm Mutual Automobile Insurance Company (Plaintiff)
DocketNotice of Posting of Jury Fees; Filed by: Jooyoung Lee (Defendant)
DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk
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
DocketHearing on Motion for Leave to Intervene scheduled for 04/28/2020 at 10:30 AM in Spring Street Courthouse at Department 25
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
DocketNon-Jury Trial scheduled for 12/02/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94
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
DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse
DocketComplaint; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Jooyoung Lee (Defendant)
DocketCivil Case Cover Sheet; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Jooyoung Lee (Defendant)
DocketSummons on Complaint; Issued and Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Jooyoung Lee (Defendant)
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketFirst Amended Standing Order; Filed by: Clerk
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:
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.
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.)
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.
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.