Judge: Audra Mori, Case: 21STCV39250, Date: 2022-10-06 Tentative Ruling

Case Number: 21STCV39250    Hearing Date: October 6, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Oscar Hurtado (“Plaintiff”) filed this action against defendants Michael John Badger and Compton Unified School District for damages Plaintiff arising from a motor vehicle accident. 

City of Compton (the “City”) moves for leave to intervene in this action.  The City asserts it was the self-insured employer of Plaintiff at the time of the accident.  The City states at the time of the accident, Plaintiff was in the course and scope of his employment with the City.  The City asserts it has paid workers’ compensation benefits to or on behalf of Plaintiff for his injuries related to the accident.  The City thus moves to intervene to recover its workers’ compensation expenditures. 

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. 

The motion is unopposed and granted.  The City 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 6^th day of October 2022