Judge: Audra Mori, Case: 22STCV00581, Date: 2022-09-13 Tentative Ruling

Case Number: 22STCV00581    Hearing Date: September 13, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

GARY WATTS,

                        Plaintiff(s),

            vs.

 

NOEL MCCARTHY, ET AL.,

 

                        Defendant(s).

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      CASE NO: 22STCV00581

 

[TENTATIVE] ORDER GRANTING INTERVENER’S UNOPPOSED MOTION FOR LEAVE TO INTERVENE

 

Dept. 31

1:30 p.m.

September 13, 2022

 

Plaintiff Gary Watts (“Plaintiff”) filed this action against defendant Noel McCarthy for injuries arising from a motor vehicle accident.

 

WB Studio Enterprises, Inc. (“WB Studio”) moves for leave to intervene in this action.  WB Studio attests that Plaintiff, at the time of the accident, was in the course and scope of his employment with WB Studio.  WB Studio asserts that Plaintiff made a workers’ compensation claim for the accident, and WB Studio has and continues to make payments to and 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.  Labor Code § 3850(b) defines “employer” to include the employer’s insurer. 

 

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

 

Intervener WB Studio is ordered to give notice.

 

PLEASE TAKE NOTICE:

 

Dated this 13th day of September 2022

 

 

 

 

Hon. Audra Mori

Judge of the Superior Court