Judge: Lee W. Tsao, Case: 23NWCV00451, Date: 2024-02-15 Tentative Ruling

Case Number: 23NWCV00451    Hearing Date: March 4, 2024    Dept: C

Bravo vs. Bautista, et al., Case No. 23NWCV00451

This is a negligence case for injuries sustained at the workplace by plaintiff Rodolfo Abundiz Bravo. Berkleynet for Carolina Casualty Insurance Company (hereafter Berkeleynet) seeks ex parte leave to intervene as the workers compensation insurer for the employer.

A party may seek ex parte relief upon an affirmative factual showing "irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte." (Cal. Rules of Court, rule 3.1202(c).)

Berkleynet asserts that ex parte relief will prevent it from being excluded as a party to the case and missing out on critical pleadings and discovery. (Decl. Capalbo, ¶ 8.) The earliest motion date to be heard on leave to intervene is December 4, 2024. (Decl. Capalbo, ¶ 7.)

The Court does not find irreparable harm or immediate danger for granting relief ex parte. Berkleynet has not explained why it needs to be heard ex parte rather than on an advanced hearing date. Further, the trial date has not been set in this case, and it is speculative that Berkeleynet would miss out on critical pleadings and discovery. However, for purposes of judicial efficiency, the Court advances the hearing date to July 3, 2024 at 9:30 a.m.

Berkeleynet to give notice.