Judge: Daniel M. Crowley, Case: 22STCV04730, Date: 2022-08-11 Tentative Ruling

Case Number: 22STCV04730    Hearing Date: August 11, 2022    Dept: 28

Intervenor Old Republic Insurance Company’s Motion for Leave to Intervene

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




On February 7, 2022, Plaintiffs Alfredo Gutierrez (“Alfredo”) and Maria Gutierrez (“Maria”) filed this action against Defendants Maxon Lift Corporation (“MLC”) and Maxon Industries Inc. (“MII”) for strict product liability, negligence-based product liability, breach of warranty, negligence and loss of consortium. 

MII filed an answer on February 15, 2022.

On May 2, 2022, Intervenor Old Republic Insurance Company (“Intervenor”) filed a Motion for Leave to Intervene to be heard on August 11, 2022.

Trial is currently scheduled for August 7, 2023.




Intervenor requests the Court grant leave for to intervene on behalf of Plaintiffs




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.

Under California Labor Code § 3852, “Any employer who pays, or becomes obligated to pay compensation, or who pays, or becomes obligated to pay salary in lieu of compensation, or who pays or becomes obligated to pay an amount to the Department of Industrial Relations pursuant to Section 4706.5, may likewise make a claim or bring an action against the third person. In the latter event the employer may recover in the same suit, in addition to the total amount of compensation, damages for which he or she was liable including all salary, wage, pension, or other emolument paid to the employee or to his or her dependents.”




Intervenor is informed and believes that Plaintiff was injured in the scope of his employment for United Natural Foods, Inc. (“UNF”), which at the time was insured by Intervenor. Intervenor alleges that Plaintiff presented a claim against it for worker’s compensation benefits and that Intervenor has paid out workers’ compensation benefits. Intervenor has a claim against Defendants under the Labor Code to recover benefits paid out under worker’s compensation. As such, the Court grants leave.



Intervenor Old Republic 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.