Elsea

Plaintiff/appellant Veronica V. Elsea obtained a default judgment in a personal injury action against defendants Andy Saberi et al. After the trial court denied defendants’ motion to vacate the default judgment, they appealed. While defendants’ appeal from the denial of their motion to vacate the judgment was pending, a different judge in the same court permitted intervener/respondent Ohio Casualty Insurance Company (Ohio Casualty), defendants’ liability insurer, to intervene in the action, and vacated the judgment as to Ohio Casualty. Appellant appeals the orders granting Ohio Casualty relief. We reverse.

Procedural History and Facts

Appellant filed a personal injury action against defendants Andy Saberi and Sabek, Inc., a corporation of which Saberi is president. After defendants repeatedly ignored service of process and related notices, the court (Judge Browning) entered a default judgment against them in favor of appellant. Defendants’ subsequent motion under Code of Civil Procedure section 473 to vacate the judgment, made through counsel retained by Ohio Casualty, was denied by a different judge (Judge Shelton), and defendants appealed. While defendants’ appeal was…