On 11/03/2020 GEOFFREY WALKER filed a Personal Injury - Motor Vehicle lawsuit against LEISLY MICHAEL CRUZ-GOMEZ. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The case status is Pending - Other Pending.
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
DOES 1 TO 10
CRUZ-GOMEZ LEISLY MICHAEL
LOYA CASUALTY INSURANCE COMPANY INC.
2/18/2021: Motion for Leave - MOTION FOR LEAVE NOTICE OF MOTION AND MOTION FOR LEAVE TO INTERVENE, TO STAY DEFAULT AGAINST INSURED
12/2/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR [PI GENERAL ORDER]
12/2/2020: PI General Order
11/16/2020: Proof of Personal Service
11/3/2020: Summons - SUMMONS ON COMPLAINT
11/3/2020: Civil Case Cover Sheet
11/3/2020: Notice of Case Assignment - Unlimited Civil Case
Hearing10/31/2023 at 08:30 AM in Department 31 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: DismissalRead MoreRead Less
Hearing05/03/2022 at 08:30 AM in Department 31 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury TrialRead MoreRead Less
Hearing04/19/2022 at 10:00 AM in Department 31 at 312 North Spring Street, Los Angeles, CA 90012; Final Status ConferenceRead MoreRead Less
Hearing04/22/2021 at 08:30 AM in Department 31 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion for Leave to InterveneRead MoreRead Less
DocketMotion for Leave (Notice of Motion and Motion for Leave to Intervene, to stay Default Against Insured); Filed by Leisly Michael Cruz-Gomez (Defendant)Read MoreRead Less
DocketCertificate of Mailing for ([PI General Order]); Filed by ClerkRead MoreRead Less
DocketPI General Order; Filed by ClerkRead MoreRead Less
DocketProof of Personal Service; Filed by Geoffrey Walker (Plaintiff)Read MoreRead Less
DocketNotice of Case Assignment - Unlimited Civil Case; Filed by ClerkRead MoreRead Less
DocketSummons (on Complaint); Filed by Geoffrey Walker (Plaintiff)Read MoreRead Less
DocketCivil Case Cover Sheet; Filed by Geoffrey Walker (Plaintiff)Read MoreRead Less
DocketComplaint; Filed by Geoffrey Walker (Plaintiff)Read MoreRead Less
Case Number: 20STCV42112 Hearing Date: April 22, 2021 Dept: 31
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT
LEISLY MICHAEL CRUZ-GOMEZ, ET AL.,
Case No.: 20STCV42112
[TENATATIVE] ORDER GRANTING INTERVENER’S UNOPPOSED MOTION FOR LEAVE TO INTERVENE
April 22, 2021
Plaintiff, Geoffrey Walker (“Plaintiff”) filed this action against Defendant, Leisly Michael Cruz-Gomez (“Defendant”) for damages arising out of an automobile accident.
At this time, Loya Casualty Insurance Company (“Intervenor”) moves for leave to intervene in the case, contending its insured, Defendant, cannot be located.
Per CCP §387(a), permissive intervention is proper if:
• The nonparty has a direct and immediate interest in the litigation; and
• The intervention will not enlarge the issues in the case; and
• The reasons for intervention outweigh any opposition by the existing parties.
A liability insurer normally cannot intervene in a tort action against its insured to contest whether the claim against the insured is covered under its policy. The judgment in the tort action collaterally estops the insurer only on issues necessarily adjudicated therein—i.e., the insured's liability and the amount of the injured party's damages. It does not bind the insurer on coverage issues. Western Heritage Ins. Co. v. Sup.Ct. (Parks) (2011) 199 CA4th 1196, 1212.
However, because a liability insurer agrees to pay any judgment obtained against its insured (see Ins.C. §11580(b)(2)), it has the right to intervene (not merely permissive) where an insured is barred from defending itself. In such cases, intervention is necessary to protect the insurer's own interests because it may be obligated to pay any judgment rendered against its insured (assuming no coverage defenses). Reliance Ins. Co. v. Sup.Ct. (Wells) (2000) 84 CA4th 383, 386–387.
In this case, the Court finds Intervenor adequately established a direct and immediate interest in the litigation, and the inability to locate its insured requires permission to intervene.
Plaintiff has not opposed the motion, and therefore the motion is granted. Intervenor Loya Casualty Insurance Company is ordered to file a separate copy of its answer-in-intervention within ten days.
Loya Casualty Insurance Company is ordered to give notice.
Parties who intend to submit on this tentative must send an email to the court at firstname.lastname@example.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.
Dated this 22nd day of April, 2021
Hon. Thomas D. Long
Judge of the Superior Court
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