Judge: Lee S. Arian, Case: 23STCV19269, Date: 2024-05-22 Tentative Ruling

Case Number: 23STCV19269    Hearing Date: May 22, 2024    Dept: 27

Hon. Lee S. Arian, Dept 27 

MOTION FOR LEAVE TO INTERVENE

Hearing Date: 5/22/24¿ 

CASE NO./NAME: 23STCV19629 BEAU MICHAEL OLIVER vs FSP - SOUTH FLOWER STREET

Moving Party: Sentry Casualty Company

Responding Party: Unopposed

Notice: Sufficient¿ 

Ruling: MOTION FOR LEAVE TO INTERVENE IS GRANTED

Legal Standard

Code Civ. Proc. §387(b) provides that, “An intervention takes place when a nonparty, deemed an intervenor, becomes a party to an action or proceeding between other persons by… [j]oining a plaintiff in claiming what is sought by the complaint[,] [u]niting with a defendant in resisting the claims of a plaintiff[,] [or] [d]emanding anything adverse to both a plaintiff and a defendant.”

 “A nonparty shall petition the court for leave to intervene by noticed motion or ex parte application [which] shall include a copy of the proposed … answer in intervention . . . and set forth the grounds upon which intervention rests.” (C.C.P. §387(c).)

In the case of intervention as a right, “[t]he court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if… [either] [a] provision of law confers an unconditional right to intervene[,] [or] [t]he 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.” (C.C.P. §387(d)(1)(A)-(B) (emphasis added).)

In the case of permissive intervention, “[t]he 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.” (C.C.P. §387(d)(2).)

Discussion

On June 29, 2021, Plaintiff filed the present trip and fall case. At the time of the incident, Plaintiff was acting within the course and scope of employment for Royal Bank of Canada, which had workers' compensation insurance coverage in favor of Plaintiff. As a result of the incident, Petitioner Sentry Casualty Company has been obligated to pay and continues to pay workers' compensation benefits to and on behalf of Plaintiff. Sentry now moves the court to intervene in the present case.

The Court finds that Sentry has satisfied the filing requirements of Code of Civil Procedure section 387, subdivision (c) by filing a noticed motion and declaration setting forth the grounds for intervention, as well as a copy of its proposed complaint in intervention. Sentry seeks to intervene in the action under Labor Code sections 3852 and 3853 as an insurer of Plaintiff’s employer with a right of subrogation. Sentry notes that pursuant to Plaintiff’s workers’ compensation insurance policy, Sentry has been obligated to pay medical expenses and other workers’ compensation benefits to Plaintiff following the injuries alleged in Plaintiff’s complaint. Thus, Sentry argues that it has “acquired a claim against Defendants for reimbursement and related relief under section 3852 of the California Labor Code.”

The Court finds that Sentry is entitled to intervene under Code of Civil Procedure section 387. First, the Court finds that Sentry’s motion is timely because Labor Code section 3853 allows a nonparty to join as a party plaintiff “at any time before trial on the facts.” Second, the Court finds that Labor Code sections 3852 and 3853 grant Sentry the right to intervene under Code of Civil Procedure section 387 because Sentry has a right of subrogation as the insurer of Plaintiff’s employer and has incurred an obligation to continue paying workers’ compensation benefits to Plaintiff. (Lab. Code § 3852; see also Burum, 30 Cal.2d at 580-581.) Pursuant to Labor Code section 3852, Sentry may file a complaint-in-intervention to recover for the “total amount of compensation” paid to Plaintiff and related damages. Accordingly, the Court finds that Sentry has sufficiently claimed an interest relating to the disposition of this action for purposes of intervention. Thus the present motion is GRANTED.

PLEASE TAKE NOTICE:

If a party intends to submit on this tentative ruling, the party must send an email to the court at sscdept27@lacourt.org with the Subject line “SUBMIT” followed by the case number.  The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.

Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.  You should assume that others may appear at the hearing to argue.

If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.  After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.