Farmers Direct Property and Casualty Insurance Company v. Montez
CourtCourt of Appeals for the Ninth Circuit
Date FiledNovember 3, 2026
Docket25-3777
StatusUnpublished
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Full Opinion
NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS NOV 3 2026
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
FARMERS DIRECT PROPERTY AND No. 25-3777
CASUALTY INSURANCE COMPANY, D.C. No.
2:21-cv-08807-RGK-JEM
Plaintiff - Appellee,
v. MEMORANDUM*
DENNIS PEREZ,
Defendant,
VICTOR MONTEZ; LISA MONTEZ,
Intervenor-Defendants -
Appellants.
Appeal from the United States District Court
for the Central District of California
R. Gary Klausner, District Judge, Presiding
Submitted October 30, 2026**
Pasadena, California
Before: PAEZ, OWENS, and SANCHEZ, Circuit Judges.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Following a car accident, Victor Montez and Lisa Montez (“the Montezes”)
received an award of damages against Dennis Perez in California state court.
During the state court action, Perez’s insurer, Farmers Direct Property and
Casualty Insurance Company (“Farmers”), initiated a declaratory relief action in
federal district court and obtained a default judgment against Perez, relieving
Farmers of its duties to indemnify and defend Perez. After obtaining a judgment
against Perez in the state court action, the Montezes were paid $25,000 by Farmers
in partial satisfaction of the judgment, the insurance policy limit. The Montezes
then moved to intervene in the declaratory relief proceedings between Farmers and
Perez, seeking to set aside the default judgment against Perez. They now appeal
the district court’s denial of their motion to intervene and set aside judgment and
related motion for reconsideration. We have jurisdiction under 28 U.S.C. § 1291,
and we affirm.1
We review a district court’s decision on joinder for abuse of discretion and
the legal conclusions underlying that decision de novo. E.E.O.C. v. Peabody W.
Coal Co., 610 F.3d 1070, 1076 (9th Cir. 2010) (discussing Fed. R. Civ. P. 19).
1
In a prior appeal, the district court vacated judgment and dismissed the
declaratory relief action for lack of subject matter jurisdiction. We reversed,
finding that subject matter jurisdiction had been satisfied, Farmers Direct Prop. &
Cas. Ins. Co. v. Perez, 130 F.4th 748 (9th Cir. 2025), and remanded for the district
court to undertake a Fed. R. Civ. P. 19 (“Rule 19”) analysis in the first instance,
Farmers Direct Prop. & Cas. Ins. Co. v. Perez, No. 23-3320, 2025 WL 723652
(9th Cir. 2025).
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Under Rule 19, a party must be joined in an action if “that person claims an interest
relating to the subject of the action” and continuing in their absence may “impair
or impede the person’s ability to protect the interest” or “leave an existing party
subject to a substantial risk of incurring double, multiple, or otherwise inconsistent
obligations because of the interest.” Fed. R. Civ. P. 19. To qualify for joinder,
such interest must be “legally protected” and “more than a financial stake and more
than speculation about a future event.” Makah Indian Tribe v. Verity, 910 F.2d
555, 558 (9th Cir. 1990) (emphasis and internal citation omitted); see also Cachil
Dehe Band of Wintun Indians of the Colusa Indian Cmty. v. California, 547 F.3d
962, 973 (9th Cir. 2008) (stating that an “attenuated” or speculative interest “does
not qualify as a legally protected interest for Rule 19 purposes”).
In their briefing, the Montezes do not claim any interest arising out of
federal law. Instead, they argue they have an interest as judgment-creditors under
California state law. Accordingly, California substantive state law determines the
scope of the Montezes’ interests relating to Perez and Farmers. See Cal. Dep’t of
Toxic Substances Control v. Jim Dobbas, Inc., 54 F.4th 1078, 1088-91 (9th Cir.
2022). Under California law, the Montezes held a right as judgment-creditors to
proceed directly against their tortfeasor’s insurer (Farmers), but “subject to [the
policy’s] terms and limitations,” that is, up to the policy limit. Cal. Ins. Code §
11580(b)(2); see, e.g., Murphy v. Allstate Ins. Co., 553 P.2d 584, 589 (Cal. 1976)
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(“[S]ection 11580 does not authorize [a judgment creditor] to proceed against [the
insurer] for the excess of the judgment over the policy limits.”); Reliance Ins. Co.
v. Superior Ct., 100 Cal. Rptr. 2d 807, 809 (Ct. App. 2000) (“Section 11580
provides that a judgment creditor may proceed directly against any liability
insurance covering the defendant, and obtain satisfaction of the judgment up to the
amount of the policy limits.”).
The district court incorrectly asserted the Montezes were not judgment-
creditors at the time they sought to intervene, but this error was harmless.
It is undisputed that Farmers paid the $25,000 policy limit to the Montezes in
partial satisfaction of the judgment before the Montezes sought to intervene in the
declaratory relief action. Whatever limited rights the Montezes had as judgment-
creditors were satisfied when they recovered the full policy limit.
The only other interest the Montezes could possibly assert in this action rests
on a speculative proposition—that Perez might assign his “bad faith” liability
rights to them. California law recognizes an insurer’s duty of good faith towards
its insured parties, and an insured party can bring a “bad faith” liability suit against
his insurer if that duty is breached. See InfiNet Mktg. Servs., Inc. v. Am. Motorist
Ins. Co., 58 Cal. Rptr. 3d 92, 100 (Ct. App. 2007). If found liable for bad faith, an
insurer is responsible for all damages proximately caused by the breach, including
damages in excess of policy limits. Pinto v. Farmers Ins. Exch., 276 Cal. Rptr. 3d
4 25-3777
13, 20 (Ct. App. 2021). But if an insurer obtains a “no coverage” declaratory
judgment, the insured party loses the right to sue for bad faith liability. Waller v.
Truck Ins. Exch., Inc., 900 P.2d 619, 622 (Cal. 1995).
The Montezes, however, have not obtained an assignment of rights from
Perez nor has Perez initiated a “bad faith” liability suit against Farmers. So, the
Montezes’ indirect interest in setting aside the “no coverage” declaratory judgment
is to preserve the possibility that such an assignment or such a suit might occur in
the future. This “speculation about a future event” is not legally cognizable.
Makah Indian Tribe, 910 F.2d at 558.
Because the Montezes have not identified a legally cognizable interest to
support intervention under Rule 19, the district court did not abuse its discretion in
denying their motion to intervene or motion for reconsideration.
AFFIRMED.2
2
Appellee’s motion for judicial notice (Dkt. 24) is DENIED as moot.
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