Judge: Lee S. Arian, Case: 23STCV22708, Date: 2025-02-20 Tentative Ruling

Case Number: 23STCV22708    Hearing Date: February 20, 2025    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On September 20, 2023, Plaintiff Francisco Valdez filed his complaint, alleging he tripped on a rebar while working in the course and scope of his employment for Valdez Investments Inc. on a project at Defendants’ property. Defendants filed their answers in May and June 2024.

Norguard Insurance Company was and is the workers' compensation insurer for Plaintiff Valdez and his employer. As a result of the September 24, 2021 accident, Norguard has paid workers' compensation benefits to Plaintiff. Norguard now moves the Court to intervene on behalf of Plaintiff’s employer.

Code of Civil Procedure section 387(d) provides:

(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 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.

Labor Code] section 3853 provides:

When an action is brought against a third party by either the employer or the employee, ‘the other may, at any time before trial on the facts, join as party plaintiff.

“[T]he law is clearly established that, when the employer’s action is timely filed, the employee may intervene and press his complaint in intervention to recover damages for personal injuries, even though the employee does not appear and make such a claim until more than one year after his injury.” (Jordan v. Superior Court (1981) 116 Cal.App.3d 202, 206, 207.) Additionally, under Labor Code section 3850(b), an employer includes the employer’s workers' compensation insurer.

Here, Norguard qualifies as Plaintiff’s "employer" under Labor Code section 3850(b) for purposes of Labor Code section 3853. Accordingly, Norguard may join this action as a party plaintiff under Labor Code section 3853. Furthermore, no opposition has been filed.

Thus, the motion is granted. Norguard is ordered to file its Complaint-in-Intervention within 20 days of today’s date.

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’s 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. 

__________________________ 

Hon. Lee S. Arian  

Judge of the Superior Court