Reliance Insurance Company v. Superior Court

Plaintiffs Larry Wells and Doreen Wells (the Wellses) filed the instant action alleging that defendant Campbell Moving & Storage (Campbell) negligently mishandled and/or lost their personal property. Reliance Insurance Company (Reliance) was the insurer for Campbell. Petitioners Reliance and Claimguard, Inc., filed a petition for a writ of mandate directing respondent Superior Court of Santa Clara County to vacate its order denying Reliance’s application for leave to intervene and overruling petitioners’ demurrer to the fifth cause of action of the first amended complaint. This court issued an alternative writ, inter alia, commanding respondent court (1) to vacate its order of August 10, 1999, denying Reliance’s motion for leave to intervene; or (2) in the alternative, to show cause before this court why a peremptory writ of mandate should not issue compelling respondent court to take the foregoing action. The petition for writ of mandate was denied in all other respects. The Wellses filed a written return to the alternative writ, and Reliance filed a reply to the return. After oral argument was scheduled, the parties advised the court that settlement had been achieved…