Judge: Audra Mori, Case: 21STCV19154, Date: 2022-09-07 Tentative Ruling

Case Number: 21STCV19154    Hearing Date: September 7, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Richard Cabrera-Lara (“Plaintiff”) filed this action against Defendants Arbol Grading Inc., dba Arbol Construction, Melt De La Paz, Inc., and Miguel Mitchell for injuries Plaintiff sustained while assisting with the cleaning of a heavy-duty drill.  The complaint alleges a single cause of action for negligence.  

State Farm Fire and Casualty Company (“State Farm”) moves for leave to intervene in this action.  State Farm contends Plaintiff, at the time of the incident, was in the course and scope of his employment with State Farm’s insured.  State Farm asserts that as a result of the incident, State Farm has paid and continues to pay benefits on behalf of Plaintiff. 

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.  § 3850(b) defines “employer” to include the employer’s insurer. 

The motion is unopposed and granted.  Intervener State Farm is ordered to file a separate copy of the complaint-in-intervention within five days. 

State Farm 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 7^th day of September 2022