Leave to Intervene

Useful Rulings on Leave to Intervene

Recent Rulings on Leave to Intervene

PIRASAK BOVONSIVAMON, AN INDIVIDUAL VS HAMSEH AMIN IBRAHIM OUDAT, AN INDIVIDUAL, ET AL.

At this time, California Insurance Gurantee Association (“Intervenor”) moves for leave to intervene in the case, contending Intervenor has taken over the handling of the claim due to the liquidation of Gateway Insurance Co. (“Gateway”), and because Gateway’s insured, Go Limo, is a suspended corporation that lacks capacity to defend itself in this matter.

  • Hearing

    Dec 02, 2020

JOSEFINA ROBLES VS ST FRANCIS MEDICAL CENTER ET AL

“Other relevant considerations include the financial conditions and insurance policy limits of settling defendants, as well as the existence of collusion, fraud, or tortious conduct aimed at injuring the interests of nonsettling defendants.” (Ibid.) Analysis Landmark seeks to settle with Plaintiff in the amount of $20,000. Landmark also seeks a court order barring indemnity claims of party and nonparty joint tortfeasors. (Mot., pgs. 13-15, Exh. A; Haskin Decl., ¶ 4.) St.

  • Hearing

    Dec 01, 2020

  • Judge

    Maurice A. Leiter or Salvatore Sirna

  • County

    Los Angeles County, CA

SERENA YOUNG VS PHILIP E HILL M.D ET AL

The above clearly shows the need for court intervention to stop Hill from pilfering LBAO. Expense of a Receiver/Alternate Remedies The Court’s only concern is that appointment of a receiver is extremely expensive. Hill indicates he is willing to enter into a stipulation and order preventing him from harming LBAO while LBAO is being wound down. The Court will, at the time of the hearing, seriously consider this alternative.

  • Hearing

    Dec 01, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

ADELA APARICIO, ET AL. VS JESUS LOPEZ, ET AL.

At this time, Old Republic Insurance Company (“Old Republic”), who asserts it is Transdev’s and Lopez’s insurer, moves to intervene in the action. While Transdev has filed its answer, Old Republic asserts multiple attempts have been made to contact Lopez, but Lopez refused the representation offered by Old Republic.

  • Hearing

    Dec 01, 2020

JOSEPH SORIA VS MILLERCOORS, LLC, ET AL.

On July 30, 2020, Berkshire Hathaway Homestate Insurance Company filed its Complaint-In-Intervention for Recovery of Worker’s Compensation Benefits. On August 14, 2020, Plaintiff filed a First Amended Complaint (“FAC”), asserting causes of action against Defendants MillerCoors, LLC (“MillerCoors”), MillerCoors USA LLC (“MillerCoors USA”), Molson Coors Brewing Company (“Molson”), Alltech, Inc. dba Alltech Biotechnology, Inc.

  • Hearing

    Nov 30, 2020

MERCO, LLC VS STARR INDEMNITY AND LIABILITY COMPANY, ET AL.

CRUM & FORSTER SPECIALTY INSURANCE COMPANY, et al. Defendants.

  • Hearing

    Nov 30, 2020

  • Type

    Insurance

  • Sub Type

    Intellectual Property

CHANDRA FORTIER, ET AL. VS MICHAEL LABERGE, ET AL.

“Pursuant to Civil Code sections 3367(2) and 3384, Plaintiffs seek the intervention of this Court to require that Defendants participate in and undergo the required acts of execution of further documents set forth in the agreement.” (V.Compl. ¶ 23.) Plaintiffs allege that they do not have an adequate remedy at law. Defendant Michael LaBerge demurs to the third cause of action for specific performance arguing that there is no enforceable agreement to sell the property.

  • Hearing

    Nov 25, 2020

  • Type

    Real Property

  • Sub Type

    other

(NO CASE NAME AVAILABLE)

.: 19STCV27484 [TENTATIVE] ORDER RE: MOTION FOR LEAVE TO INTERVENE Dept. 27 1:30 p.m. November 20, 2020 On August 2, 2019, plaintiff Jose Avilez filed this action against his defendants Francesco Savarino and EAN Holdings, LLC arising from an August 4, 2017 motor vehicle collision. Insurance Company of the West (“ICW”) seeks leave to file a complaint-in-intervention. ICW FIC is the worker’s compensation carrier for Plaintiff’s employer. ICW’s motion is unopposed.

  • Hearing

    Nov 20, 2020

FUENTES MARTINEZ V. HELIKER, ET AL.

“The law intervenes only where the distress inflicted is so severe that no reasonable man could be expected to endure it. The intensity and duration of the distress are factors to be considered in determining the severity.” (Fletcher v. Western Life Insurance Co. (1970) 10 Cal.App.3d 376, 397.) “Conduct to be outrageous must be so extreme as to exceed all bounds of that usually tolerated in a civilized community.” (Davidson v. City of Westminster (1982) 32 Cal.3d 197, 209.)

  • Hearing

    Nov 20, 2020

PAUL FROST VS MOGUL CAPITAL LLC ET AL

An insurance carrier with a right of subrogation has a direct pecuniary interest in its insured’s action against a responsible third party, and may be permitted to intervene. Deutschmann v. Sears, Roebuck & Co. (1982) 132 Cal. App. 3d 912, 915.

  • Hearing

    Nov 19, 2020

SERINA ROMERO VS. CENTEX REAL ESTATE CORPORATION, A NEVADA CORPORATION

Appearance required No case management statement(s) filed by either side. Notice: Given the circumstances presented by the ongoing COVID-19 pandemic, this hearing will be conducted remotely via Zoom [which includes telephonic and teleconferencing options]. The Department 41 Zoom link is: https://saccourt.zoom.us/my/dept41a. The Zoom ID ...

  • Hearing

    Nov 18, 2020

SAFECO INSURANCE COMPANY OF AMERICA VS STEPHEN GRIGGS ET AL.

This is an insurance subrogation case, brought by Plaintiff Safeco Insurance Company to recover damages that it paid out under a fire insurance policy held by Defendants’ landlord. The insured was Adeline Baptista, who owned a rental property located at 911 Graywood Circle in Stockton. (Complaint, ¶6.) She had a policy with Plaintiff insuring the rental property. (Id.) In the early morning hours of October 25, 2016, a fire broke out at the rental property. (Complaint, ¶ 7; Hart Dec., Ex. B.)

  • Hearing

    Nov 17, 2020

JOSE LUCIO GARCIA HERNANDEZ ET AL. VS RENATO JAVIER ASTORGA ET AL.

19-5673 Hernandez Intervene 11/20/2020 Plaintiff in Intervention Zenith Insurance Company moves to intervene in this action initiated by Jose Garcia Hernandez. Having read and considered the written motion, the court issues the following tentative ruling: No opposition has been received. Zenith has paid workers compensation benefits on behalf of Plaintiff. Zenith seeks to assert its subrogation rights against Defendants Renato Astorga, et. al.

  • Hearing

    Nov 17, 2020

LOYA CASUALTY INSURANCE COMPANY VS LOPEZ

See tentative ruling on motion to intervene.

  • Hearing

    Nov 16, 2020

JOSEPH SORIA VS MILLERCOORS, LLC, ET AL.

On July 30, 2020, Berkshire Hathaway Homestate Insurance Company filed its Complaint-In-Intervention for Recovery of Worker’s Compensation Benefits. On August 14, 2020, Plaintiff filed a First Amended Complaint (“FAC”), asserting causes of action against Defendants MillerCoors, LLC (“MillerCoors”), MillerCoors USA LLC (“MillerCoors USA”), Molson Coors Brewing Company (“Molson”), Alltech, Inc. dba Alltech Biotechnology, Inc.

  • Hearing

    Nov 16, 2020

LOYA CASUALTY INSURANCE COMPANY VS LOPEZ

The court’s rulings on the motions to set aside and motion to intervene will affect the validity of the cross complaint.

  • Hearing

    Nov 16, 2020

CHRISTINA MAKAREM VS FELICIA COSTA

A court “(1) may refuse to enforce the arbitration agreement and may order intervention or joinder of all parties in a single action or special proceeding; (2) may order intervention or joinder as to all or only certain issues; (3) may order arbitration among the parties who have agreed to arbitration and stay the pending court action or special proceeding pending the outcome of the arbitration proceeding; or (4) may stay arbitration pending the outcome of the court action or special proceeding.”

  • Hearing

    Nov 16, 2020

EDUARDO JACOME VS DODSON LARECIA, ET AL.

Additionally, the court issued the following order regarding the motion: The Court, after further review of the documents filed finds the following defects: 1-The Motion for Leave to Intervene filed on 3/12/20 's exhibit was not a Proposed Complaint-in-Intervention. 2-On 3/13/20 the Intervenor FILED a Complaint-in-Intervention instead of lodging a proposed document. The Complaint-in-Intervention should have been a proposed document linked in the description as part of a motion hearing.

  • Hearing

    Nov 13, 2020

TOLARA GROSS VS EDUCATION MANAGEMENT SYSTEMS

inconsistent with the right to arbitrate; (2) whether the ‘litigation machinery has been substantially invoked’ and the parties ‘were well into preparation of a lawsuit’ before the party notified the opposing party of an intent to arbitrate; (3) whether a party either requested arbitration enforcement close to the trial date or delayed for a long period before seeking a stay; (4) whether a defendant seeking arbitration filed a counterclaim without asking for a stay of the proceedings; (5) ‘whether important intervening

  • Hearing

    Nov 13, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

STEPHANIE MEANS VS K COLBERT CAPITAL LLC

.: BC716161 [TENTATIVE] ORDER RE: MOTION FOR LEAVE TO INTERVENE Dept. 27 1:30 p.m. November 13, 2020 On October 8, 2020, the Court issued a minute order rescheduling the hearing on this Motion from October 19, 2020 to November 13, 2020 and directed the moving party to give notice of the new hearing date. There is no notice of amended hearing or any indication that notice was given to the other parties in the action.

  • Hearing

    Nov 13, 2020

JAMES ANDEREGG VS. 84 LUMBER COMPANY

The theory of the motion is that "Highland is no longer an existing corporation, and punitive damages award would be paid by Highland's insurance carrier, and California public policy prohibits insurance coverage of punitive damages." The motion is opposed. The motion is supported by a single "undisputed material fact." That fact is that Highland filed for dissolution with the California Secretary of State.

  • Hearing

    Nov 12, 2020

CASS VS. BONILLA

“Whenever one party's improper actions even if not “willful”—in seeking or resisting discovery necessitate the court's intervention in a dispute, the losing party presumptively should pay a sanction to the prevailing party.” (Ellis v. Toshiba America Information Systems, Inc. (2013) 218 Cal. App. 4th 853, 878.) In this case, Plaintiff’s opposition was substantially justified. Defendants’ efforts to meet and confer were minimal.

  • Hearing

    Nov 12, 2020

SEVILLA VS SAN DIEGO COUNTY DEPARTMENT OF CHILD SUPPORT SERVICES

Fate then intervened. The March 20 tentative ruling roughly coincided with the first in a series of administrative orders closing the San Diego Superior Court for all but emergency matters due to the coronavirus/COVID-19 pandemic. The administrative orders signed by the Presiding Judge of the SDSC, with the consent of the Chief Justice, are available on the SDSC website, as are the Chief Justice's orders authorizing them.

  • Hearing

    Nov 12, 2020

  • Type

    Administrative

  • Sub Type

    Writ

GEIGER VS SUNWOOD PACIFIC RIDGE LLC

Intervenor Colony Insurance Company ("Intervenor")'s motion to compel Plaintiff Corey Geiger ("Plaintiff") to provide verification and further responses to Special Interrogatories (Set One) (the "Discovery Request"), and for sanctions, is granted in part and denied in part. On October 28, 2020, Plaintiff served verified amended responses to the Discovery Request. See Ex. A to the Declaration of Oz Tannenbaum. Intervenor acknowledges receiving Plaintiff's responses.

  • Hearing

    Nov 12, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

GEIGER VS SUNWOOD PACIFIC RIDGE LLC

Intervenor Colony Insurance Company ("Intervenor")'s motion to compel Plaintiff Corey Geiger ("Plaintiff") to provide verification and further responses to Requests for Production of Documents (Set One) (the "Discovery Request"), and for sanctions, is granted in part and denied in part. On October 30, 2020, Plaintiff served verified amended responses to the Discovery Request. See Ex. A to the Declaration of Oz Tannenbaum. Intervenor acknowledges receiving Plaintiff's responses.

  • Hearing

    Nov 12, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

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