Judge: Joel L. Lofton, Case: 23AHCV02031, Date: 2024-01-16 Tentative Ruling

Case Number: 23AHCV02031    Hearing Date: January 16, 2024    Dept: X

   Tentative Ruling

Judge Joel L. Lofton, Department X

HEARING DATE:      January 16, 2024                                             TRIAL DATE: No date set.

CASE:                         MANUEL LOPEZ v. JAVARI ADDERLY, VALENTIN VALDEZ, and DOES 1 through 10, inclusive.  

CASE NO.:                 23AHCV02031

MOTION FOR LEAVE TO INTERVENE

MOVING PARTY:               County of Los Angeles

RESPONDING PARTY:      No response filed.

SERVICE:                              Filed January 2, 2024

RELIEF REQUESTED

             The County of Los Angeles moves for leave to intervene in the present lawsuit.

BACKGROUND

             This case arises out of Plaintiff Manuel Lopez’s (“Plaintiff”) claim that he was injured in a motor vehicle collision caused by Defendants Javari Adderly and Valentin Valdez (“Defendants”). Plaintiff filed a form complaint on September 1, 2023.

TENTATIVE RULING

            The County’s motion for leave to intervene is GRANTED.

DISCUSSION

            The County of Los Angeles (“County”) moves for leave to intervene in the present action.

            Code of Civil Procedure section 387, subdivision (a), provides: “Upon timely application, any person, who has an interest in the matter in litigation, or in the success of either of the parties, or an interest against both, may intervene in the action or proceeding.”

            Labor Code Section 3852 provides, in part: “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.”

            In his complaint, Plaintiff alleges he was injured in a motor vehicle collision that occurred on October 19, 2021. The County provides that Plaintiff’s alleged injury occurred within the scope of Plaintiff’s employment with the County. (Greathouse Decl. ¶ 2.) The County provides that it has become obligated to pay or has paid Plaintiff for indemnity and medical expense and therefore has a claim for reimbursement. (Id. ¶ 3.) The County’s motion for leave to intervene is granted.

CONCLUSION

            The County’s motion for leave to intervene is GRANTED.

Dated:   January 16, 2024                                           ___________________________________

                                                                                    Joel L. Lofton

                                                                                    Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court indicating their

intention to submit.  alhdeptx@lacourt.org