STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS JORGE LUIS CORTES

Tentative Rulings

Case Number: 19STLC03373    Hearing Date: January 06, 2021    Dept: 25

HEARING DATE: Wed., January 6, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: State Farm Mutual Automobile Insurance Co. v. Cortes

CASE NUMBER: 19STLC03373 COMP. FILED: 04-05-19

NOTICE: NO (on ¿) DISC. C/O: 05-11-21

MOTION C/O: 05-26-21

PROCEEDINGS: MOTION FOR LEAVE TO INTERVENE

MOVING PARTY: Prospective Intervenor Loya Casualty Insurance Company

RESP. PARTY: None

MOTION TO INTERVENE

(CCP § 387)

TENTATIVE RULING:

Prospective Intervenor Loya Casualty Insurance Company’s Motion for Leave to Intervene is CONTINUED TO feb 16, 2021 AT 11:00 A.M. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Loya must file and serve supplemental papers addressing the deficiencies noted herein. Failure to do so may result in the Motion being placed off calendar or denied.

SERVICE:

[ ] Proof of Service Timely Filed (CRC, rule 3.1300) NO

[ ] Correct Address (CCP §§ 1013, 1013a) NO

[ ] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) NO

OPPOSITION: None filed as of January 4, 2021 [ ] Late [X] None

REPLY: None filed as of January 4, 2021 [ ] Late [X] None

ANALYSIS:

1. Background

On April 5, 2019, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed an action for motor vehicle negligence against Defendant Jorge Luis Cortes aka Jorge L Orozco Cortes (“Defendant”). Defendant filed his Answer on July 25, 2019.

On July 16, 2020, Prospective Intervenor Loya Casualty Insurance Company (“Loya”) filed the instant Motion for Leave to Intervene (the “Motion”). To date, no opposition 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

As an initial matter, the Court notes that Loya’s Motion is incomplete. Specifically, counsel Irene Messina’s declaration states that Exhibits A, B, and C are attached, but none were filed with the Court. (Mot., Messina Decl., ¶¶ 3-5.) In addition, although this Motion was served on Plaintiff, it was not served on Defendant himself.

Before the Court can address the merits of Loya’s request, it must correct the errors noted above. Accordingly, this hearing is CONTINUED.

1. Conclusion & Order

For the foregoing reasons, Prospective Intervenor Loya Casualty Insurance Company’s Motion for Leave to Intervene is CONTINUED TO feb 16, 2021 AT 11:00 A.M. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Loya must file and serve supplemental papers addressing the deficiencies noted herein. Failure to do so may result in the Motion being placed off calendar or denied.

Moving party is ordered to give notice.