On 04/05/2019 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY filed a Personal Injury - Motor Vehicle lawsuit against JORGE LUIS CORTES. 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.
*******3373
04/05/2019
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
JAMES E. BLANCARTE
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
CORTES JORGE LUIS AKA JORGE L. OROZCO CORTES
LOYA CASUALTY INSURANCE COMPANY
LOYA CASUALTY INSURANCE
BENSON SUSAN M
MESSINA IRENE
FARKHONDEH TARA
2/16/2021: Minute Order - Minute Order (Hearing on Motion for Leave to Intervene)
2/18/2021: Notice of Ruling - Notice of Ruling
1/4/2021: Notice (name extension) - Notice of Change of Handling Attorney
1/6/2021: Motion for Leave (name extension) - Motion for Leave LOYA CASUALTY INSURANCE COMPANYS NOTICE AND MOTION FOR LEAVE TO INTERVENE; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF IRENE C. MESSINA,
1/6/2021: Minute Order - Minute Order (Hearing on Motion for Leave to Intervene)
7/16/2020: Motion for Leave to Intervene - Motion for Leave to Intervene
9/25/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Jury Trial) of 09/25/2020
9/25/2020: Minute Order - Minute Order (Court Order Re: Jury Trial)
7/25/2019: Answer - Answer
7/25/2019: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees
5/16/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service
4/5/2019: Complaint - Complaint
4/5/2019: Summons - Summons on Complaint
4/5/2019: Civil Case Cover Sheet - Civil Case Cover Sheet
4/5/2019: First Amended Standing Order - First Amended Standing Order
4/5/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
Hearing04/08/2022 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
Hearing06/10/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial
DocketNotice of Ruling; Filed by: Jorge Luis Cortes (Defendant); Loya Casualty Insurance Company (Defendant)
DocketMinute Order (Hearing on Motion for Leave to Intervene)
DocketHearing on Motion for Leave to Intervene scheduled for 02/16/2021 at 11:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 02/16/2021; Result Type to Held - Motion Granted
DocketHearing on Motion for Leave to Intervene scheduled for 02/16/2021 at 11:00 AM in Spring Street Courthouse at Department 25
DocketMotion for Leave LOYA CASUALTY INSURANCE COMPANY?S NOTICE AND MOTION FOR LEAVE TO INTERVENE; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF IRENE C. MESSINA, ESQ; [PROPOSED] ORDER; [PROPOSED] ANSWER IN INTERVENTION; Filed by: Loya Casualty Insurance (Non-Party)
DocketMinute Order (Hearing on Motion for Leave to Intervene)
DocketOn the Court's own motion, Hearing on Motion for Leave to Intervene scheduled for 01/06/2021 at 10:00 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 02/16/2021 11:00 AM
DocketNotice of Change of Handling Attorney; Filed by: Jorge Luis Cortes (Defendant); As to: State Farm Mutual Automobile Insurance Company (Plaintiff)
DocketNotice of Posting of Jury Fees; Filed by: Jorge Luis Cortes (Defendant)
DocketProof of Service by Substituted Service; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Jorge Luis Cortes (Defendant); Proof of Mailing Date: 04/22/2019; Service Cost: 75.50; Service Cost Waived: No
DocketNon-Jury Trial scheduled for 10/02/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 04/08/2022 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: Jorge Luis Cortes (Defendant)
DocketCivil Case Cover Sheet; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Jorge Luis Cortes (Defendant)
DocketSummons on Complaint; Issued and Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Jorge Luis Cortes (Defendant)
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketFirst Amended Standing Order; Filed by: Clerk
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
TRIAL DATE: 06-10-21
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:
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.
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
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.
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.
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