LARAINE BAXTER VS EDER REYES MENDEZ ET AL

Tentative Rulings

Case Number: BC669951    Hearing Date: March 10, 2020    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff, Laraine Baxter filed this action against Defendant, Eder Reyes Mendez for damages arising out of an automobile accident.

At this time, Anchor General Insurance Company moves for leave to intervene in this case contending its insured, Mendez, 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. Superior Court (2011) 199 Cal.App.4th 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. Superior Court (2000) 84 Cal.App.4th 383, 386–387.

In this case, the Court finds Intervener adequately established a direct and immediate interest in the litigation, and the inability to locate its insured requires permission to intervene. In light of the lack of opposition, the motion to intervene is granted. Intervener is ordered to file a separate copy of the complaint-in-intervention within ten days. Intervener is ordered to give notice.

Parties who intend to submit on this tentative must send an email to the court at sscdept3@lacourt.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 10^th day of March, 2020