Nationwide Agribusiness Insurance Co. v. Gonzales

Case No.: 18CVP-0309     Track Rulings In Case

Nationwide Agribusiness Insurance Company (“Plaintiff”) filed this subrogation action against Stephen Gonzales and Elisabeth Rathjen (collectively “Defendants”) on September 13, 2018. On October 2, 2018, Defendants filed their answer.
The action arises out of a July 2017 incident wherein Defendants performed brush clearing near Plaintiff’s insureds’ property in Creston, California, which caused a fire and damage to Plaintiff’s insureds’ property. The insureds submitted an insurance claim to Plaintiff for that damage, and upon payment, Plaintiff became subrogated to its insureds’ rights to pursue the responsible parties for causing the loss, up to the amount paid.
Plaintiff now moves pursuant to Code of Civil Procedure sections 473(a) and 576 for leave to file a First Amended Complaint (“FAC”). The insureds have now assigned their uninsured losses to Plaintiff to pursue on their behalf, and Plaintiff seeks leave to amend to add claims for those losses.
Defenda........