Judge: Lee S. Arian, Case: 21STCV33509, Date: 2024-01-29 Tentative Ruling

Case Number: 21STCV33509    Hearing Date: January 29, 2024    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY: Proposed Plaintiff in Intervention Ace American Insurance Co. c/o/ Broadspire, a subrogee of Inland Services, Inc. (“AAI”)

RESPONDING PARTY: Unopposed  

I.            INTRODUCTION

On September 10, 2021, Plaintiff Luis A. Orellana (“Plaintiff”), filed this action against Defendants CMI Transportation LLC, Luis F. Velasquez, and Does 1 to 20 (collectively “Defendants”) alleging causes of action for: (1) general negligence and (2) motor vehicle. The complaint arises from a September 10, 2019 motor vehicle collision.

On September 21, 2023, Proposed Plaintiff in Intervention Ace American Insurance Co. c/o/ Broadspire, a subrogee of Inland Services, Inc. (“AAI”) filed and served the instant motion for leave to file a complaint-in-intervention (the “Motion”). The Motion is unopposed.

The Motion is made on the grounds AAI insures Plaintiff’s employer, Inland Services, Inc., for workers’ compensation insurance. (Memorandum of Points and Authorities, 1:24-25.) AAI asserts Plaintiff applied for and filed a workers’ compensation claim, pursuant to which AAI paid current total benefits of $28,047.21. (Memorandum of Points and Authorities, 2:1-2.)

II.          LEGAL STANDARD

“The court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if . . . the following condition[] is satisfied: (A) A provision of law confers an unconditional right to intervene.” (Code Civ. Proc., § 387, subd. (d)(1)(A).) “If either the employee or the employer brings an action against such third person, he shall forthwith give the other a copy of the complaint by personal service of certified mail.” (Lab. Code, § 3853.) “If the action is brought by either the employer or the employee, the other may, at any time before trial on the facts, join as party plaintiff or shall consolidate his action, if brought independently.” (Ibid.)

 “If an employee injured in the course of his or her employment by a third party commences an action against that third party, Labor Code section 3853 grants the employee’s employer an unconditional right to intervene in the action at any time before trial on the facts.” (Mar v. Sakti Internat. Corp. (1992) 9 Cal.App.4th 1780, 1782.)

III.        DISCUSSION

In support of the Motion, counsel for AAI declares that AAI insured Inland Services, Inc. for workers’ compensation insurance at the time of the subject incident on September 10, 2019. (Sandoval Decl., ¶ 2.) Plaintiff was injured in the course and scope of his employment, and Plaintiff applied for and filed a workers’ compensation claim, pursuant to which AAI has paid total benefits of $28,047.21 to date. (Id., ¶¶ 5-6.) By virtue of its payments, the terms of the policy, the agreement of the insured employer, and principles of equity, AAI has become, and is subrogated to all rights, remedies, and causes of action accruing to its insured employer and Plaintiff, and against Defendants. (Id., ¶ 8.)

The Court finds that AAI has provided a basis to intervene in this action. Labor Code section 3853 grants an employer a right to intervene; Labor Code section 3850 defines “employer” to include an insurer.[1]

Accordingly, the Court GRANTS the Motion.

IV.         CONCLUSION

The Motion is GRANTED.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.

      Dated this 29th day of January 2024