Judge: Audra Mori, Case: 21STCV00802, Date: 2022-07-26 Tentative Ruling

Case Number: 21STCV00802    Hearing Date: July 26, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Paul Sahadi filed this action against Defendant John Doe for injuries Plaintiff sustained when an elevator he was in malfunctioned.  Plaintiff alleges defendants were responsible for the maintenance of the elevators at the property where the incident occurred.  On March 22, 2021, Plaintiff filed an Amendment to Complaint providing that the true name of john Doe is Excelsior Elevator Corporation.  

City of Long Beach (the “City”) moves for leave to intervene in this action.  The City attests that Plaintiff, at the time of the incident, was in the course and scope of his employment with the City.  The City avers that it has provided workers’ compensation benefits to Plaintiff by and through medical treatment and temporary disability payments resulting from the accident.  The City is seeking reimbursement of its expenses. 

Labor Code §§ 3852 and 3853 make clear that an employer against whom a claim for worker’s compensation damages was made may join in an action against a third party arising out of the incident for which the worker’s compensation payment was made. 

In this case, the motion is unopposed and granted.  Intervener is ordered to file a separate copy of the complaint-in-intervention within five days. 

Intervener the City is ordered to give notice.

PLEASE TAKE NOTICE:

• Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement.
• If a party intends to submit on this tentative ruling, the party must send an email to the court at sscdept31@lacourt.org with the Subject line “SUBMIT” followed by the case number.  The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.  
• Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.  You should assume that others may appear at the hearing to argue.  
• If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.  After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave. 

Dated this 26^th day of July 2022