Complaint in Intervention?

Useful Rulings on Complaint in Intervention

Recent Rulings on Complaint in Intervention

ISAAC ESCOBAR V. QUINN LIFT, INC., ET AL.

On June 15, 2020, NYM filed its complaint in intervention against Quinn. The demurrer was rescheduled to this hearing date by notice on May 26, 2020. No opposition or other response has been received to this demurrer. Analysis: “ ‘The rules by which the sufficiency of a complaint is tested against a general demurrer are well settled.

  • Hearing

    Jul 08, 2020

ESTHER HERNANDEZ VS SAFEWAY INC ET AL

Motion for an Order to Allow Zurich American Insurance Company to Intervene and File its Complaint-In-Intervention, in its Capacity as Insurer of Cross-Defendant Paramount Building Solutions, LLC, a Suspended Entity in Response to the Cross-Complaint of the Vons Companies is GRANTED. Complaint-In-Intervention to be filed forthwith.

  • Hearing

    Jul 08, 2020

WHITE V. FAUGENET

Motion by AMERICAN HOME INSURANCE COMPANY for Leave to File Complaint in Intervention TENTATIVE RULING The unopposed motion for leave to file a complaint in intervention is granted. The proposed complaint in intervention shall be filed and served on all parties, including the newly-appearing Defendant, within 10 days.

  • Hearing

    Jul 08, 2020

LUIS SIERRA VS FIBER CARE BATHS INC.

Motion for Leave to File Complaint-in-Intervention by American Zurich Insurance Company is GRANTED. Intervenor paid benefits to Plaintiff as an employee of the insured and thus may join as a party in the employee’s suit under Labor Code section 3852. Complaint-In-Intervention to be filed forthwith. Moving party is ordered to give notice.

  • Hearing

    Jul 08, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

SEBASTIAN LATU VS. BROWN CONSTRUCTION, INC.

("Brown") opposes the motion on grounds it has a complete defense to the claims asserted in the proposed complaint-in-intervention and that it would be futile to permit the filing of a pleading that is subject to demurrer and/or summary judgment. However, the merit of claims asserted in a proposed pleading-in-intervention is not among the factors the Court considers in determining whether to grant a motion to intervene. (Code Civ. Proc. § 387).

  • Hearing

    Jul 08, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

YAN LI VS APRIL LI

Co. filed its complaint in intervention. On February 25, 2019, Plaintiffs dismissed Cheng, without prejudice. On May 23, 2019, Plaintiffs filed an Amendment to Complaint, wherein Zhigang Yang (“Yang”) was substituted in lieu of Doe 1. A Trial Setting Conference is set for July 8, 2020. 1. Motion to Amend Complaint Legal Standard “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading…” (Code Civ. Proc., § 473, subd.

  • Hearing

    Jul 08, 2020

ESTHER HERNANDEZ VS SAFEWAY INC ET AL

Motion for an Order to Allow Zurich American Insurance Company to Intervene and File its Complaint-In-Intervention, in its Capacity as Insurer of Cross-Defendant Paramount Building Solutions, LLC, a Suspended Entity in Response to the Cross-Complaint of the Vons Companies is GRANTED.

  • Hearing

    Jul 08, 2020

LUIS SIERRA VS FIBER CARE BATHS INC.

Motion for Leave to File Complaint-in-Intervention by American Zurich Insurance Company is GRANTED. Intervenor paid benefits to Plaintiff as an employee of the insured and thus may join as a party in the employee’s suit under Labor Code section 3852.

  • Hearing

    Jul 08, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

CANDELARIA DE JESUS SANCHEZ, AN INDIVIDUAL, ET AL. VS GAGIK KHACHATRYAN, AN INDIVIDUAL, ET AL.

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

    Jul 02, 2020

ARMANDO MARTINEZ VS CITADEL OUTLETS ET AL

On December 14, 2018, Plaintiff-in-Intervention Starr Indemnity & Liability Company filed a complaint-in-intervention against Defendant/Cross-Defendant Citadel Outlets and Craig Reality Group, Inc. alleging negligence, negligence per se, and premises liability. On March 19, 2019, Defendant/Cross-Complainant Craig Realty Group Citadel LLC and Cross-Complainant Eureka Realty Partners, Inc. d.b.a.

  • Hearing

    Jun 30, 2020

JUAN ANTHONY TORRES VS DRAGO CHARLIE VINSKI

Old Republic Insurance Company seeks leave to file a complaint-in-intervention to recover the workers’ compensation benefits paid to Plaintiff. 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

    Jun 29, 2020

CHIOTTI, ET AL. V. K HOVNANIAN HOMES OF NORTHERN CALIFORNIA, INC., ET AL.

The Complaint, filed on May 16, 2018, sets forth the 25 following causes of action: (1) Violation of Building Standards as Set Forth in California Civil 26 Code § 896; (2) Breach of Implied Warranty of Merchantability; (3) Breach of Contract; and 27 (4) Breach of Express Warranty. 1 Now before the court is the motion of Ironshore Specialty Insurance Company 2 (“Ironshore”) to intervene and file a complaint-in-intervention on behalf of its insured Legacy 3 Plumbing Company, Inc. (“Legacy”).

  • Hearing

    Jun 26, 2020

CYNTHIA ZABALA VS JAMES ALAN MOBLEY

Defendant also seeks summary judgment on the Complaint-in-Intervention. Defendant’s attempt to bring a combined summary judgment is procedurally improper. Defendant was required to bring two separate motions, with two reservations and two filing fees. Therefore, the Court declines to consider Defendant’s motion as it relates to the issues of the complaint-in-intervention.

  • Hearing

    Jun 25, 2020

RICHARD WALLACE VS WJE TRUCKING INC ET AL

“‘[T]he law is clearly established that, when the employer’s action is timely filed, the employee may intervene and press his complaint in intervention to recover damages for personal injuries, even though the employee does not appear and make such a claim until more than one year after his injury.’” (Id. at 207 [quoting Harrison v. Englebrick (1967) 254 Cal.App.2d 871, 875].) An employer includes the employer’s insurer. (Lab. Code, § 3850, subd. (b).)

  • Hearing

    Jun 24, 2020

GENERAL STREET MEDIA, LLC VS SUNSET HILLS CAR WASH, INC.

Sunset GP has satisfied the provisions of Code of Civil Procedure section 387, subdivision (c), including attaching a copy of the proposed complaint in intervention. The Motion for Leave to Intervene is GRANTED. MOTION TO EXPUNGE LIS PENDENS “A lis pendens is a recorded document giving constructive notice that an action has been filed affecting title to or right to possession of the real property described in the notice.’ [Citation.]

  • Hearing

    Jun 22, 2020

MAGED HAKEEM VS. UNIVERSAL PROTECTION SERVICE, LP

Similarly, Representative Plaintiffs admit that Moving Parties carefully crafted the proposed complaint-in-intervention to avoid enlarging the issues. While Representative Plaintiffs contend this is a ruse and Moving Parties are seeking to recover for unrelated claims, Moving Parties will be limited to recovery only for those claims actually asserted in this action.

  • Hearing

    Jun 17, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

SAVE THE VALLEY LLC VS CHUMASH CASINO AND RESORT ENTERPRISES ET AL

., Exhibit 2, pp 5-6] STV sought leave to file a complaint in intervention in The Roman Catholic Bishop of Monterrey v. Salomon Cota, et al., USDC C.D. Cal. Case 2:15-cv-08065-JFW-RAO (“STV II”). [Id. Exhibit 3] The court denied leave to file that complaint.

  • Hearing

    Jun 12, 2020

  • Judge Donna Geck
  • County

    Santa Barbara County, CA

ORTIZ VS. 54 CAROL LANE, LP

HEARING ON MOTION FOR LEAVE TO FILE COMPLAINT IN INTERVENTION FILED BY COMPWEST INSURANCE COMPANY * TENTATIVE RULING: * Granted. No opposition.

  • Hearing

    Jun 11, 2020

ECO PROPERTY GROUP LLC V. SNIDER INVESTMENTS LLC, ET AL.

Motion for leave to file cross-complaint in intervention Against this pleading backdrop, MEPI, as successor to SCCP, seeks leave to intervene in the action, through the filing of a cross-complaint in intervention (CCI) against individual defendants Brent Buhrman, Scott Edwin Newby, Eli Owens, Roger Macfarlane, and Gary William Walker, Jr.

  • Hearing

    Jun 09, 2020

ISAAC ESCOBAR VS QUINN LIFT INC ET AL

The complaint in intervention shall be filed and served on or before April 2, 2020.

  • Hearing

    Mar 18, 2020

MADELINE F FRANGEL VS. AARON SUMNER MCKINNEY

. § 387(c) and (f) but is erroneously entitled a complaint in intervention. The Court grants leave to file the proposed answer in intervention. Further, the Court grants leave to amend the title of the proposed pleading to correctly reflect its content. The pleading in intervention shall be filed upon presentment to the clerk and payment of the requisite filing fee. This case has been assigned to Department 47 for hearing.

  • Hearing

    Mar 16, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Auto

CLIVE WILKINSON VS SCANLON CONSTRUCTION INC

On November 13, 2019, JRIC filed and served a motion for leave to file a complaint-in-intervention as the insurer for Cross-Defendant Southern California Steel, Inc. (“SCS”), a suspended California corporation, to assert the denials and defenses set forth in JRIC’s concurrently filed proposed complaint-in-intervention.

  • Hearing

    Mar 16, 2020

  • Type

    Contract

  • Sub Type

    Breach

JESUS ISMAEL GUTIERREZ VS PORTS AMERICA CRUISE, INC.

Intervenor shall file its complaint-in-intervention within ten (10) days. Intervenor shall provide notice and file proof of such with the Court. DATED: March 12, 2020 ___________________________ Stephen I. Goorvitch Judge of the Superior Court

  • Hearing

    Mar 12, 2020

GALVAN VS. TREPPA

* TENTATIVE RULING: * First Group’s unopposed motion for leave to file a complaint in intervention pursuant to CCP 387 and Labor Code 3852 is granted. The court will sign the order provided.

  • Hearing

    Mar 11, 2020

LARAINE BAXTER VS EDER REYES MENDEZ ET AL

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 [email protected] indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.

  • Hearing

    Mar 10, 2020

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