Judge: John J. Kralik, Case: 23BBCV02795, Date: 2025-04-11 Tentative Ruling

Case Number: 23BBCV02795    Hearing Date: April 11, 2025    Dept: NCB

Superior Court of California

County of Los Angeles

North Central District

Department B

BACKGROUND

A.    Allegations

Plaintiff Steven Michael Rodriguez (“Plaintiff”) alleges that on December 9, 2021, he was working at Magnolia Foods, LLC (“Magnolia”) and was tending a conveyor belt of cooling tortillas, which had just come out of the oven and were to be packaged and sold by Magnolia.  Plaintiff alleges that while he was attending to the tortillas on the conveyor, he became entangled in the conveyor, such that his hands and arms were pulled into the unguarded rollers of the conveyor.  He alleges that his hands and arms were severely fractured, causing debilitating injuries to both his arms up to his shoulders.  Plaintiff alleges that Defendant Lawrence Equipment, Inc. (“LEI”) manufactured the machine and that Defendants LEI and Tortilla World Imports manufactured, designed, assembled, packaged, tested, fabricated, inspected, marketed, distributed, and sole the tortilla conveyor.

The complaint, filed November 27, 2023, alleges causes of action for: (1) strict products liability; (2) negligent products liability; and (3) negligence.

On April 23, 2024, Plaintiff amended and corrected Defendant Tortilla World Imports’ name to “Tortillaworld.com.”   

On November 14, 2024, Plaintiff dismissed without prejudice Defendant tortillaworld.com from the complaint.

B.     Cross-Complaint

On January 18, 2024, LEI filed a cross-complaint against Tortilla World Imports for: (1) equitable indemnification; (2) apportionment and contribution; and (3) declaratory relief.

C.     Motion on Calendar

On March 13, 2025, proposed intervenor Technology Insurance Company (“TIC”) filed a motion for leave to intervene in this lawsuit pursuant to CCP § 387 and Labor Code, § 3853. 

The Court is not in receipt of an opposition brief.

LEGAL STANDARD

CCP § 387 states in relevant part:

(b) An intervention takes place when a nonparty, deemed an intervenor, becomes a party to an action or proceeding between other persons by doing any of the following:

(1) Joining a plaintiff in claiming what is sought by the complaint.

(2) Uniting with a defendant in resisting the claims of a plaintiff.

(3) Demanding anything adverse to both a plaintiff and a defendant.

(c) A nonparty shall petition the court for leave to intervene by noticed motion or ex parte application. The petition shall include a copy of the proposed complaint in intervention or answer in intervention and set forth the grounds upon which intervention rests.

(d)(1) The court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if either of the following conditions is satisfied:

(A) A provision of law confers an unconditional right to intervene.

(B) The person seeking intervention claims an interest relating to the property or transaction that is the subject of the action and that person is so situated that the disposition of the action may impair or impede that person's ability to protect that interest, unless that person's interest is adequately represented by one or more of the existing parties.

(2) The court may, upon timely application, permit a nonparty to intervene in the action or proceeding if the person has an interest in the matter in litigation, or in the success of either of the parties, or an interest against both.

(e) If leave to intervene is granted by the court, the intervenor shall do both of the following:

(1) Separately file the complaint in intervention, answer in intervention, or both.

(2) Serve a copy of the order, or notice of the court's decision or order, granting leave to intervene and the pleadings in intervention as follows:

(A) A party to the action or proceeding who has not yet appeared shall be served in the same manner for service of summons pursuant to Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2.

(B) A party who has appeared in the action or proceeding, whether represented by an attorney or not represented by an attorney, shall be served in the same manner for service of summons pursuant to Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2, or in the manner provided by Chapter 5 (commencing with Section 1010) of Title 14 of Part 2.

(f) Within 30 days after service of a complaint in intervention or answer in intervention, a party may move, demur, or otherwise plead to the complaint in intervention or answer in intervention in the same manner as to an original complaint or answer.

(CCP § 387.) 

Labor Code, § 3853 states: “If either the employee or the employer brings an action against such third person, he shall forthwith give to the other a copy of the complaint by personal service or certified mail. Proof of such service shall be filed in such action. If the action is brought by either the employer or employee, the other may, at any time before trial on the facts, join as party plaintiff or shall consolidate his action, if brought independently.” 

DISCUSSION

TIC moves to intervene in this action, arguing that it has become obligated to pay and has paid worker’s compensation benefits to and on behalf of Plaintiff as a result of the incident giving rise to this action. 

The motion was timely filed on March 13, 2025.  The action was commenced on November 27, 2023 and the jury trial is set for February 9, 2026. 

In addition, TIC states that it has an interest in this action as it has already paid worker’s compensation benefits to Plaintiff related to the subject incident and may be obligated to pay further benefits, such that TIC has an interest in the matter in the litigation. 

Finally, a copy of the Complaint-in-Intervention is attached as Exhibit 1 to the motion papers. 

Thus, there is substantive merit to granting this motion.  The motion is not opposed by any of the parties. 

CONCLUSION AND ORDER

            Intervenor Technology Insurance Company’s motion for leave to intervene is granted.  Technology Insurance Company is ordered to electronically file a copy of the complaint in intervention following the hearing on this matter. 

            Intervenor shall provide notice of this order.                       

DATED:  April 11, 2025                                                        ___________________________

                                                                                          John J. Kralik

                                                                                          Judge of the Superior Court