Judge: Daniel M. Crowley, Case: 22STCV23078, Date: 2022-10-11 Tentative Ruling

Case Number: 22STCV23078    Hearing Date: October 11, 2022    Dept: 28

Intervenor State Farm Fire and Casualty Company’s Motion for Leave to File Complaint-In-Intervention

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

BACKGROUND

On July 18, 2022, Plaintiff Rodolfo Vazquez (“Plaintiff”) filed this action against Defendant Lim Family Limited Partnership (“Defendant”) for general negligence and premises liability.

On September 1, 2022, Intervenor State Farm Fire and Casualty Company (“Intervenor”) filed a Motion for Leave to File Complaint-In-Intervention to be heard on October 11, 2022.

Trial is currently scheduled for January 16, 2024.

PARTY’S REQUESTS

Intervenor requests the Court grant leave to file a complaint-in-intervention.

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

At the time of the incident, Plaintiff was working in the scope of his employment with Intervenor. As a result of said incident, Intervenor has paid and continues to pay worker’s compensation benefits to Plaintiff. Under Labor Code §3852 and 3856, Intervenor has a statutory right to seek reimbursement from a negligent third-party for worker’s compensation paid to an employee. Intervenor has an interest in the subject of the action and can only protect their interest by being included in the action. The Court grants the motion.

CONCLUSION

Intervenor State Farm Fire and Casualty Company’s Motion for Leave to File Complaint-In-Intervention 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.