Judge: Lee W. Tsao, Case: 23NWCV01186, Date: 2024-01-31 Tentative Ruling

Case Number: 23NWCV01186    Hearing Date: January 31, 2024    Dept: C

Zarate v. city of norwalk

CASE NO.:  23NWCV01186

HEARING:  1/31/24 @ 10:30 AM

#8

Proposed Intervenor’s Motion for Leave to File a Complaint-in-Intervention is GRANTED

Moving Party to give NOTICE.

Proposed Intervenor Berkshire Hathaway Homestate Insurance Company (Proposed Intervenor) moves for leave to file a Complaint-in-Intervention.

Background

On April 18, 2023, Plaintiff Judith Zarate (Plaintiff) filed a Complaint against Defendant the City of Norwalk (the City) for personal injuries from a Dangerous Condition of Public Property. Plaintiff alleges that while she was working as a cross guard outside of Glazier Elementary School, she tripped and fell over uneven pavement. The City filed a Cross-Complaint against Cross-Defendant Norwalk La Mirada School District (La Mirada) for Equitable Indemnity, Contribution, Apportionment, and Declaratory Relief. La Mirada filed a Cross-Complaint against the City for Equitable Indemnity, Declaratory Relief, and Indemnification.

Legal Standard

“Upon¿timely application, any person, who has an interest in the matter in litigation, or in the success of either of the parties, or an interest against both, may intervene in the action or proceeding.¿ An intervention takes place when a third person is permitted to become a party to an action or proceeding between other persons, either by joining the plaintiff in claiming what is sought by the complaint, or by uniting with the defendant in resisting the claims of the plaintiff, or by¿demanding anything adversely to both the plaintiff and the defendant, and is made by complaint, setting forth the grounds upon which the intervention rests, filed by leave of the court and served upon the parties to the action or proceeding who have not appeared in the same manner as upon the commencement of an original action, and upon the attorneys of the parties who have appeared, or upon the party if he has appeared without an attorney, in the manner provided for service of summons or in the manner provided by Chapter 5 (commencing with Section 1010) Title 14 of Part 2.” (CCP §¿387(a).)

Discussion

Proposed Intervenor seeks leave to intervene in this action on the grounds that it is Plaintiff’s workers’ compensation carrier and has paid benefits to Plaintiff resulting from the same incident which gives rise to this action. “[Labor Code] [s]ection 3853 states that 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.’”  (Jordan v. Superior Court (1981) 116 Cal.App.3d 202, 206.)  “‘[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.’”  (Id. at 207.) An employer includes the employer’s insurer.  (Lab. Code, § 3850(b).) Thus, Proposed Intervenor may join as a party plaintiff because it is Plaintiff’s employer’s insurer. Therefore, Proposed Intervenor’s Motion for Leave to File a Complaint-in-Intervention is granted.

Accordingly, Proposed Intervenor’s Motion for Leave to File a Complaint-in-Intervention is GRANTED. Proposed Intervenor is to file its Complaint-in-Intervention attached to its Motion within 20 days of this Order.