Judge: Daniel M. Crowley, Case: 22STCV31258, Date: 2023-01-27 Tentative Ruling

Case Number: 22STCV31258    Hearing Date: January 27, 2023    Dept: 28

Intervenor New York Marine and General Insurance Company’s Motion for Leave to Intervene

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

BACKGROUND

On September 26, 2022, Plaintiff Michael Goff (“Plaintiff”) filed this action against Defendants Bieber Time Touring LLC (“BTT”), NKSFB, LLC (“NKSFB”) Christopher Gratton (“Gratton”) and Joseph Iannolo III (“Iannolo”) for negligence. Plaintiff later amended the cross-complaint to include Source7 Transport LLC (“Source7”).

On November 1, 2022, BTT filed an answer and a Cross-Complaint against Cross-Defendant Roes 1-100 for implied indemnity, contribution, apportionment, declaratory relief and negligence. BTT later amended the cross-complaint to include Source7.

On January 6, 2023, NKSFB filed an answer. On January 3, 2023, NSFKB filed a Cross-Complaint against Cross-Defendant Iannolo for indemnification, apportionment of fault and declaratory relief.

On October 28, 2022, Intervenor New York Marine and General Insurance Company (“Intervenor”) filed a Motion for Leave to Intervene to be heard on January 27, 2023.

Trial is currently scheduled for March 25, 2024.

PARTY’S REQUESTS

Intervenor requests the Court grant leave for to intervene and join with 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 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 employer’s workers’ compensation insurer, which under California Labor Code §3850(b), has the same rights to join as an employer. Intervenor has paid out benefits to Plaintiff; Intervenor has a right to join in the action, which has yet to go to trial. The Court grants the motion. 

CONCLUSION

Intervenor New York Marine and General 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.