Judge: Daniel M. Crowley, Case: 21STCV33078, Date: 2022-10-18 Tentative Ruling

Case Number: 21STCV33078    Hearing Date: October 18, 2022    Dept: 28

Intervenor Everest National Insurance Company’s Motion for Leave to Intervene

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

BACKGROUND

On September 8, 2021, Plaintiff Joel Ortiz Ruiz (“Plaintiff”) filed this action against Defendants Amcal Equities LLC (“AE”), Amcal General Contractors, Inc. (“AGC”), Trademark Construction Co., Inc. (“TCC”) and Ultimate, Inc. (“Ultimate”) for negligence. Plaintiff later amended the complaint to include Defendant Dragon Steel, Inc. (“Dragon”).

On January 20, 2022, AE and AGC filed an answer and a Cross-Complaint against Cross-Defendants TCC and Dragon for breach of contract, express indemnity, implied contractual indemnity, implied indemnity, equitable indemnity, contribution and equitable apportionment and declaratory relief. On April 20, 2022, Dragon filed an answer. On June 28, 2022, TCC filed an answer.

On June 16, 2022, Plaintiff filed the FAC.

On June 22, 2022, Dragon filed an answer. On June 28, 2022, TCC filed an answer. On June 29, 2022, AE and EGC filed an answer.

On July 12, 2022, Intervenor Everest National Insurance Company (“Intervenor”) filed a Motion for Leave to Intervene to be heard on October 18, 2022.

Trial is currently scheduled for March 8, 2023.

PARTY’S REQUESTS

Intervenor requests the Court grant leave for to intervene as a party plaintiff.

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 intervene as a party plaintiff on the basis that Intervenor is the workers’ compensation carrier for the employer of Plaintiff. Under LC §3853, a workers’ compensation carrier is permitted to intervene as a plaintiff when an employee or employer brings an action against a third person. This right is unconditional prior to trial—as trial has yet to occur, Intervenor is entitled to intervene. Intervenor has an interest in the subject of the action that would be impaired by the lack of involvement. The Court finds good cause and grants the motion.

CONCLUSION

Intervenor Everest National Insurance Company’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.