Stacy Stricklin vs BB Rodeo Dance Floor & Design et al
Stacy Stricklin vs BB Rodeo Dance Floor & Design et al
Case Number
24CV05389
Case Type
Hearing Date / Time
Fri, 03/21/2025 - 10:00
Nature of Proceedings
CMC; Motion Leave
Tentative Ruling
This is a personal injury action, arising from injuries plaintiff sustained when her heel became caught in an “unreasonably large” gap in a modular dance floor at the Montecito Country Club, causing her to fall. The dance floor was owned, assembled, and maintained by defendant BB Rodeo Dance Floor & Design. Defendant is currently a suspended corporation, and is therefore barred from defending itself against the claims asserted in this action. Defendant Scottsdale Insurance Company (Scottsdale) issued a policy of liability insurance to defendant which provides coverage for the claims made in this litigation. As a result, Scottsdale seeks leave of court to file its complaint-in-intervention in this action, so that it can protect its interests. A copy of Scottsdale’s proposed Complaint-In-Intervention is attached to the motion.
Scottsdale’s motion cites authority which provides that an insurer must intervene in a lawsuit in order to protect the rights of an insured which is a suspended corporation. (Kaufman & Broad Communities v. Performance Plastering (2006) 136 Cal.App.4th 212, 216.) Intervention of the insurer is necessary to protect its interests since it has agreed to pay any judgment obtained against its insured, and it therefore has the right to intervene when an insured is barred from defending itself. (California Practice Guide: Civil Procedure Before Trial, [2:430.1].)
Plaintiff has filed a Notice of Non-Opposition to the motion, stating that she has no information or belief to dispute the grounds for the motion, and therefore does not oppose it.
The Court will grant the motion for leave to intervene, finding that Scottsdale’s intervention in this action is both necessary and proper. Scottsdale is directed to separately file its Complaint-in-Intervention forthwith.