Motion to Withdraw; Motion to Intervene
(49) Tentative Ruling
Re: Stepanian v. Garcia et al. Superior Court Case No. 24CECG03699
Hearing Date: May 12, 2026 (Dept. 502)
Motion: (1) by Defendant Angel Garcia’s counsel to Withdraw; (2) by Great American Insurance Group to Intervene
Tentative Ruling:
Hearing remains on calendar as to the motion to withdraw, and the parties are directed to appear.
To deny Great American Insurance Group’s Motion to Intervene, without prejudice. (Code Civ. Proc., §§ 387, subd. (c), 1005, subd. (b).)
Explanation:
Great American Insurance Group (“Great American”) moves to intervene on its own behalf and on behalf of defendant Angel Garcia (“Garcia”) pursuant to Code of Civil Procedure section 387, which states, in pertinent part:
(c) A nonparty shall petition the court for leave to intervene by noticed motion or 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.
(d) (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...
(B) The person seeking intervention claims an interest relating to the property or transaction that is the subject of the action and that person is so situated that the disposition of the action may impair or impede that person’s ability to protect that interest, unless that person’s interest is adequately represented by one or more of the existing parties.
Great American attests that it is unable to contact its insured, Garcia. (Palumbo Decl., ¶ 4.) Great American has an interest in the case based on their contractual obligations under the applicable insurance policy. (Id., ¶ 3.) Great American’s interest will not be adequately represented by an absent party. Plaintiff Sloan Stepanian (“Stepanian”) does not oppose. Therefore, Great American meets the requirements for intervening under Code of Civil Procedure section 387, subdivision (d)(1)(B).
However, Code of Civil Procedure section 387, subdivision (c), requires a noticed motion. Noticed motions are pursuant to Code of Civil Procedure section 1005, 13
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subdivision (b) which states that “[u]nless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing.” In other words, service was required on all parties at least sixteen court days prior to the hearing. The proof of service filed indicates service to Stepanian but no one else. Service was not effected on Garcia. No opposition or notice of nonopposition was filed to implicitly waive notice. Accordingly, Great American’s Motion to Intervene is denied, but without prejudice.
Pursuant to California Rules of Court, rule 3.1312(a), and Code of Civil Procedure section 1019.5, subdivision (a), no further written order is necessary. The minute order adopting this tentative ruling will serve as the order of the court and service by the clerk will constitute notice of the order.
Tentative Ruling
Issued By: KCK on 05/11/26. (Judge’s initials) (Date)
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