Williams v. Lee CA2/3

Filed 1/14/16 Williams v. Lee CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

PENELOPE WILLIAMS et al., B264386

Plaintiffs and Respondents, (Los Angeles County Super. Ct. No. BC544915) v.

YOUNG SUN LEE, Defendant;

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY,

Movant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County,

Elia Weinbach, Judge. Reversed and remanded.

Todd E. Lavin for Plaintiffs and Respondents.

Mark R. Weiner & Associates and Kathryn Albarian for Intervenor and

Appellant, State Farm Mutual Automobile Insurance Company.

_______________________________________

INTRODUCTION State Farm Mutual Automobile Insurance Company (State Farm) appeals from the trial court’s denial of its motion to intervene under Code of Civil Procedure, section 387, subdivision (a),1 in the personal injury suit pending against its insured, Young Sun Lee. We conclude the court abused its discretion by denying State Farm’s motion to intervene and reverse the order with directions to the trial court to allow State Farm to file its complaint in intervention. FACTUAL AND PROCEDURAL BACKGROUND Few facts are necessary to our decision in this case. On May 10, 2012, Penelope Williams and Charles Eugene (plaintiffs) and Young Sun Lee were involved in a car accident. At that time, Lee was insured by State Farm. Plaintiffs’ counsel contacted State Farm a few days after the accident to notify State Farm of the accident and plaintiffs’ claimed injuries. After an investigation, State Farm denied the claim. Approximately two years later, on May 6, 2014, plaintiffs filed a lawsuit against Lee. Lee failed to file an answer and plaintiffs took his default, which was entered by the court on July 7, 2014. Neither Lee nor plaintiffs advised State Farm of the pending lawsuit or Lee’s subsequent default. No default judgment was ever entered. On January 25, 2015, State Farm received notice of Lee’s default. State Farm immediately contacted plaintiffs’ counsel and requested a copy of the proof of service for the complaint and a formal demand with supporting documents. State Farm received the documents from plaintiffs’ counsel on February 2, 2015 and subsequently assigned the file to counsel. State Farm’s counsel contacted plaintiffs’ counsel on February 19, 2015, and requested that plaintiffs voluntarily set aside the default. Plaintiffs refused. No default judgment was entered.