Case Number: BC626242 Hearing Date: February 22, 2018 Dept: 46

Case Number: BC626242
TIMOTHY R NETT VS DIMITRI CHAMI ET AL

Filing Date: 07/06/2016
Case Type: Othr Breach Contr/Warr-not Fraud

02/22/2018
Motion for Leave (to file a complaint-in-intervention)

TENTATIVE RULING

Burlington Insurance Company’s Motion is GRANTED pursuant to CCP §387(b) to defend the action on behalf of A & L Hernandez Construction, Inc. (“ALH.”) “[W]hen an insurance company seeks to provide a defense in pending litigation for a corporation that has been suspended for nonpayment of its taxes, the insurance company must intervene in the action to protect its own interests and those of its insured. The insurance company may not answer and litigate the lawsuit in the name of the suspended corporation without intervening in the case.” Kaufman & Broad Communities, Inc. v. Performance Plastering, Inc. (2006) 136 C.A.4th 212, 216. X-D

ALH is a suspended corporation. (Declaration of Kirk M. Olson Exhibit A). Cross-Defendant ALH is Burlington’s insured. (Id. ¶3). Therefore, Burlington is entitled to intervene in this action.

Burlington Insurance Company is ordered to file a free-standing copy of the Complaint in Intervention and serve it by mail on the parties within 5 days.

IT IS SO ORDERED:

Frederick C. Shaller, Judge