Judge: Christian R. Gullon, Case: 23PSCV01737, Date: 2023-08-16 Tentative Ruling
Case Number: 23PSCV01737 Hearing Date: August 16, 2023 Dept: O
Tentative Ruling
STATE FARM FIRE AND CASUALTY COMPANY’s MOTION FOR LEAVE
TO FILE COMPLAINT-ININTERVENTION is GRANTED.
Background
This case arises from a motor vehicle accident.
On June 9, 2023, Plaintiffs Paul Cimarusti and Trevor Krause
filed suit against Defendants Mark Timothy O'Connor and Acco Engineered.
On June 27, 2023, STATE FARM FIRE AND CASUALTY COMPANY
(State Farm) filed the instant motion.
On July 19, 2023, Defendants filed their answer.
Legal Standard
This Motion is
made pursuant to Code of Civil Procedure (CCP) Section 387 and Labor Code Section
3853. (Motion p. 2.) CCP section
387 provides, “[t]he Court shall, upon timely application, permit a nonparty to
intervene in the action or proceeding if . . . [a] provision of law confers an
unconditional right to intervene.” (Code Civ. Proc., § 387, subd. (d)(1)(A).)
Labor Code § 3853 provides an
insurance company seeking indemnity of workers compensation payments against a
third-party tortfeasor an unconditional right to intervene. (Mar v.
Sakti Internat. Corp. (1992) 9 Cal.App.4th 1780, 1784-1785.) Labor Code §
3853 states, when an action is brough against a third-party tortfeasor “by
either [an] employer or employee, the other may, at any time before trial on
the facts, join as a party plaintiff or shall consolidate his action, if
brought independently.” (Lab. Code, § 3853.) Section 3850 of the
Labor Code defines “Employer” to include the employer’s insurer. (Lab.
Code, § 3850, subd. (b); see Bishop v. Silva
(1991) 234 Cal.App.3d 1317, 1324.) Labor Code § 3853 states that an
insurer may intervene in the action “at any time before trial on the
facts”. (Lab. Code, § 3853.)
Discussion
State Farm seeks to intervene pursuant to Labor Code
Sections 3852 and 3853. State Farm (Plaintiffs’ employer's workers' compensation
carrier) can intervene because it has to pay workers' compensation benefits to
Plaintiffs as a result of the accident, meaning it has a direct financial
interest in the matter and is a necessary party to the action.
Conclusion
Based on the foregoing, the motion is granted.[1]