Judge: Cherol J. Nellon, Case: 22STCV05353, Date: 2023-05-16 Tentative Ruling

Case Number: 22STCV05353    Hearing Date: May 16, 2023    Dept: 28

Intervenor Scottsdale Insurance Company’s Motion for Leave to Intervene

Having considered the moving papers, the Court rules as follows.

BACKGROUND

On February 14, 2022, Plaintiff Julio Alberto Pineda (“Plaintiff”) filed this action against Defendant Estate of Larry Edward Voit (“Defendant”) for general negligence.

On September 7, 2022, Defendant filed an answer.

On February 3, 2023, Intervenor Barrett Business Services, Inc. (“Intervenor”) filed a Motion for Leave to Intervene to be heard on May 16, 2023.

Trial is currently scheduled for August 14, 2023.

PARTY’S REQUESTS

Intervenor requests the Court grant leave for to intervene.

LEGAL STANDARD

CCP §387(a) provides: “[u]pon timely application, any person, who has an interest in the matter in litigation, or in the success of either of the parties…may intervene in the action or proceeding.” CCP § 387(b) provides that: “...if the person seeking intervention claims an interest relating to the property or transaction which is the subject of the action and that person is so situated that the disposition of the action may as a practical matter impair or impede the person’s ability to protect that interest, unless that person’s interest is adequately represented by existing parties, the court shall, upon timely application, permit the person to intervene.

DISCUSSION

Intervenor requests leave to join under California Labor Code §3853, which provides that when an action is brought an employee against a third party who cause injuries to the employee, the employer may, at any time before trial, join as a party Plaintiff. Intervenor is Plaintiff’s statutory employer, who paid out workers’ compensation coverage to Plaintiff. Under California Labor Code §3850(b), Intervenor has the right to join in this action, which has yet to go to trial. The Court grants the motion.

CONCLUSION

Intervenor Barrett Business Services, Inc.’s Motion for Leave to Intervene is GRANTED.

Moving party is ordered to give notice of this ruling.

Moving Party is ordered to file the proof of service of this ruling with the Court within five days.

The parties are directed to the header of this tentative ruling for further instructions.