Judge: Lee S. Arian, Case: 23STCV18523, Date: 2023-12-19 Tentative Ruling

Case Number: 23STCV18523    Hearing Date: December 19, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY: Proposed Intervenor Cannon Cochran Management Services (“CCMS”)

RESPONDING PARTY: Unopposed  

I.            INTRODUCTION

This action arises from Plaintiff being struck by a motor vehicle on August 21, 2021. On August 4, 2023, Plaintiff Mario Lopez Gonzalez (“Plaintiff”) filed a complaint against Defendants Access Parking Service, Inc., Herbert Villanueva Pacheco, Sharon Palacio, and Does 1 to 50, alleging causes of action for (1) Motor Vehicle and (2) General Negligence.

On October 16, 2023, Proposed Intervenor Cannon Cochran Management Services (“CCMS”) filed and served the instant Motion for Leave to File Complaint-in-Intervention (the “Motion”). The Motion is unopposed. Any opposition to the Motion was required to have been filed and served at least nine court days prior to the hearing. (Code Civ. Proc., § 1005, subd. (b).)

The Motion is made pursuant to California Code of Civil Procedure 387(d) on the grounds that it has an unconditional right to intervene under Labor Code section 3853. 

Plaintiff made a claim to CCMS, which is the worker’s compensation carrier for Plaintiff’s employer, Hecho En Mexico, LLC. (Memorandum of Points and Authorities, 4:1-4.)  CCMS asserts Plaintiff applied for and filed worker’s compensation claim. (Memorandum of Points and Authorities, 4:23-24.) CCMS contends that it has paid total benefits of $76.677.32, and the claim remains open. (Memorandum of Points and Authorities, 4:23-24.)

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 (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 CCMS declares that CCMS is the worker’s compensation carrier for Hecho En Mexico, LLC, which is Plaintiff’s employer. (Mendelson Decl., ¶ 2.) On August 21, 2021, Plaintiff was injured in the course and scope of Plaintiff’s employment due to Defendants’ negligence. (Id.) Plaintiff applied for and filed a worker’s compensation claim, pursuant to which CCMS has paid $76,677.32. (Id., ¶ 3.) The worker’s compensation claim remains open. (Id.) On August 4, 2023, Plaintiff filed the instant lawsuit. (Id., ¶ 4.)

The Court finds that CCMS has not provided a basis to intervene in this action. Labor Code section 3853 grants an employer a right to intervene; however, CCMS concedes that it is not Plaintiff’s employer. CCMS is the worker’s compensation carrier for Plaintiff’s employer. Moreover, the citation of CCMS to Mar v. Sakti Internat. Corp., supra, 9 Cal.App.4th 1780 is inapposite as such case involved an employer’s intervention in an action, and not that of a worker’s compensation carrier of an employer.

Accordingly, the Court DENIES the Motion.

IV.         CONCLUSION

The Motion is DENIED.

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 19th day of December 2023