Complaint in Intervention?

Useful Rulings on Complaint in Intervention

Recent Rulings on Complaint in Intervention

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

Old Republic is ordered to file a separate copy of its complaint-in-intervention within ten days. Old Republic is ordered to give notice. Parties who intend to submit on this tentative must send an email to the court at [email protected] indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.

  • Hearing

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

(NO CASE NAME AVAILABLE)

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. A nonparty shall petition the court for leave to intervene by noticed motion or by ex parte application. The petition shall include a copy of the proposed complaint in intervention or answer in intervention and set forth the grounds upon which intervention rests. (Code Civ. Proc., § 387, subd. (c).)

  • Hearing

JENNIFER KUEKES VS. BANK OF AMERICA, N.A.,

Superior Court (1971) 17 Cal.App.3d 841, 844-45 [finding that trial court had no jurisdiction to rule on motion seeking to vacate dismissal and leave to file complaint in intervention because plaintiff had filed voluntary dismissal].) Notwithstanding the general principle that dismissal of an action deprives the Court of jurisdiction over said action, this Court finds that it may act to expunge a lis pendens arising from the action, as is specifically provided for by CCP § 405.30. (See Cornell v.

  • Hearing

  • Type

    Real Property

  • Sub Type

    other

PAUL FROST VS MOGUL CAPITAL LLC ET AL

DISCUSSION Travelers requests leave to file a complaint-in-intervention pursuant to CCP §387. CCP §387(d) states: “(1) The court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if either of the following conditions is satisfied: (A) A provision of law confers an unconditional right to intervene.

  • Hearing

XERA HEALTH LLC VS SCHEELE

In this motion, defendants Scheele and Nova-Life seek summary judgment/adjudication on plaintiff Xera's FAC and what defendants refer to as the "Cross-Cross-Cross Complaint," which was filed after VEBA's complaint in intervention was allowed by the court (ROA 206).* The essence of defendants' position is that all the claims asserted by plaintiff fail because "the Term Sheet, the alleged License Agreement between Xera, Dr.

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

ISAI CHILEL, AN INDIVIDUAL VS HIROSHI KAWASHIMI, AN INDIVIDUAL, ET AL.

Discussion Bernal moves to file her complaint in intervention. The Court does not find grounds for an intervention here. First, Bernal is a member of the PAGA class and the class Chilel’s class action. Since each member is entitled to a share of any recovery in such action, such class members have a direct and immediate interest in the outcome. (See Mann v. Superior Court (1942) 53 Cal.App.2d 272, 280.) Thus, Bernal does have some interest in the litigation.

  • Hearing

  • Type

    Employment

  • Sub Type

    Other Employment

ORTEGA VS SOSA

Complaint in Intervention to be filed and served within 5 days.

  • Hearing

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

EDUARDO JACOME VS DODSON LARECIA, ET AL.

The Court notes that Performance improperly filed, as opposed to lodged, the proposed complaint-in-intervention when it filed this motion. The improperly filed complaint-in-intervention, dated 3/13/20, it stricken from the record. Performance is ordered to file a new copy of the complaint-in-intervention within five days. Performance is ordered to give notice.

  • Hearing

ROSETTE SAHAGEN VS CITY OF LOS ANGELES, ET AL.

The Court notes that Intervenors improperly filed, as opposed to lodged, the proposed complaint-in-intervention when it filed this motion. The improperly filed complaint-in-intervention, dated 6/12/20, is stricken from the record. Intervenors are ordered to file a separate copy of the complaint-in-intervention within five days. Intervenors are ordered to give notice.

  • Hearing

SOLERA DIAMOND VALLEY VS PULTE HOME

Complaint-in-Intervention to be filed within 10 days.

  • Hearing

TIERNAN VS. DIABLO COMMUNITY S

Diablo Community Services District et al.) has been resolved by a judgment, the case caption for the main action must be included in pleadings filed in the action, including pleadings filed in connection with the cross-complaint and complaint in intervention. All parties are informed that effective January 1, 2021, this case is reassigned to Department 7 (Judge Baskin).

  • Hearing

TIERNAN VS. DIABLO COMMUNITY S

HEARING ON DEMURRER TO COMPLAINT IN INTERVENTION of MINI FILED BY WINSTON CERVANTES * TENTATIVE RULING: * Before the Court is a demurrer by Winston Cervantes to the Verified Complaint in Intervention ("CII") filed by Intervenors Jeff Mini, Christine Mini and 29 other individuals (Intervenors). The demurrer to the first cause of action is sustained without leave to amend.

  • Hearing

MARCELA SANTILLIAN ESTRADA VS GLOBALMED SYSTEMS INC ET AL

On January 21, 2020, Cross-Complainant Alano Insurance Company filed a complaint-in-intervention for Defendant/Cross-Complainant Globalmed Systems, Inc. and against Roes 1 through 20 seeking equitable indemnity, contribution, and declaratory relief. On February 25, 2020, Plaintiff filed a motion to compel Defendant Sina Aulai’s deposition pursuant to California Code of Civil Procedure section 2025.450. On March 17, 2020, the Court continued the hearing on Plaintiff’s motion to May 1, 2020.

  • Hearing

NAUTILUS INSURANCE COMPANY VS TRIMAC TRANSPORTATION SOUTH, INC.

Based on a comparison between Plaintiff’s complaint and Prospective Intervenor’s complaint in intervention, they reflect the same nine causes of action and allege essentially the same set of facts. Moreover, the Court does not anticipate that any parties’ rights will be affected as a result of intervention. Prospective Intervenor is merely attempting to join the instant action to represent its rights that, in its view, Plaintiff is lacking in representation.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

  • Judge

    Maurice A. Leiter or Salvatore Sirna

  • County

    Los Angeles County, CA

DIANE HIGHTREE V. AMPLIFY LTD

On August 31, 2020, Vanden Berge filed his complaint in intervention. On September 10, 2020, on the parties’ stipulation the Court ordered a stay of this action pending disposition of the motion of the defendants in the Federal Action to compel arbitration. By its terms, the stay was lifted when the federal court ruled on that motion. On September 29, 2020, Amplify filed with the court the Federal Court’s order granting the motion to compel arbitration and dismissing the Federal Action.

  • Hearing

MORGAN VS RALPHS GROCERY COMPANY

Employers Preferred Insurance Company’s (“Employers Preferred”) unopposed motion for leave to file a complaint-in-intervention is GRANTED as follows.

  • Hearing

EDUARDO JACOME VS DODSON LARECIA, ET AL.

The Court notes that Performance improperly filed, as opposed to lodged, the proposed complaint-in-intervention when it filed this motion. The improperly filed complaint-in-intervention, dated 3/13/20, it stricken from the record. Performance is ordered to file a new copy of the complaint-in-intervention within five days. Performance is ordered to give notice.

  • Hearing

ESTEBAN MONTENEGRO VS FEDERAL NATIONAL MORTGAGE ASSOCIATION

Plaintiff then brought a motion to set aside the dismissal of the Cross-Complaint in intervention, which was heard on April 12, 2019, and granted. The copy of the FACC attached to the motion to set aside set forth three causes of action, for Violation of California Civil Code § 2624.17, Wrongful Foreclosure, and Slander of Title. The FACC efiled with the court and served on the parties added a fourth cause of action for quiet title and fifth cause of action for declaratory relief.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Foreclosure

MAE SAUNDERS ET AL VS CITY OF BEVERLY HILLS

City of Beverly Hills Motion by Cedars-Sinai Medical Center and its agent, BETA Healthcare Group, for Leave to File Third Amended Complaint-in-Intervention for Reimbursement of Workers’ Compensation Benefits by Plaintiff-in-Intervention is GRANTED. Third Amended Complaint In Intervention to be filed forthwith. Moving party is ordered to give notice.

  • Hearing

OSCAR RAMIREZ VS ERIK ARREOLA SANTIAGO

Loya is ordered to file a separate copy of its complaint-in-intervention and its cross-complaint within ten days. Loya is ordered to give notice. Parties who intend to submit on this tentative must send an email to the court at [email protected] indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.

  • Hearing

SAINT ANDREWS EQUITIES LLC, A CALIFORNIA LLC VS CURRY PARKWAY L.P., A CALIFORNIA LIMITED PARTNERSHIP, ET AL.

On October 26, 2020, Elad Investment, LLC filed a complaint in intervention for disparagement of title and cancellation of instrument. LEGAL AUTHORITY “At any time after notice of pendency of action has been recorded, any party, or any nonparty with an interest in the real property affected thereby, may apply to the court in which the action is pending to expunge the notice.” CCP §405.30. In a motion to expunge a notice of lis pendens, the claimant who filed the lis pendens has the burden of proof.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Foreclosure

CORIA VS MORRIS

BHHC has 10 days to file a Complaint in Intervention.

  • Hearing

ALFARO VS LEE

The unopposed motion of Intervenor Vision Insurance Company for leave to file complaint-in-intervention is granted. The complaint-in-intervention is deemed filed as of 10/30/20.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Auto

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