Judge Lee W. Tsao, Case Number: 23NWCV01652, Date: 2024-04-16 Tentative Ruling

Judge: Lee W. Tsao, Case: 23NWCV01652, Date: 2024-04-16 Tentative Ruling

Case Number: 23NWCV01652 Hearing Date: April 16, 2024 Dept: C

Jessica Solis vs The Raymond Corporation, et. al

Case No.: 23NWCV01652

Hearing Date: April 16, 2024 @ 9:30 AM

Tentative Ruling

Prospective Intervenor Sedgwick’s Motion for Leave to Intervene is GRANTED.

Intervenor to give notice.

The motion is unopposed as of April 15, 2024.

Background

This case arises from a June 6, 2021 accident, where Plaintiff Jessica Solis was injured when a forklift allegedly malfunctioned causing personal injuries.

Prospective Intervener Sedgwick is the workers’ compensation administrator that insured Jessica Solis’ employer, Clutter Inc. The intervenor provides payments for any and all liability for workers’ compensation benefits imposed upon it by the workers’ compensation laws of the state of California.

Legal Standard

Intervention is permitted when “[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.” (Code Civ. Proc., § 387, subd. (d)(1)(B).) Whether the petitioner has an interest in the matter in litigation is a question of fact that must be determined by the court before leave to file is granted. (Muller v. Robinson (1959) 174 Cal.App.2d 511, 515; In re Yokohama Special Bank (1948) 86 Cal.App.2d 545.) The burden rests on the one seeking to intervene to show that this is a proper case for intervention. (Id. at 515.)

Discussion

Sedgwick seeks an order permitting it to intervene and defend this action on behalf of Defendant Clutter Logistics, Inc. It argues intervention is necessary to protect its interests and the interests of its insured.

Sedgwick argues it has a direct and immediate interest in this action because should Plaintiff obtain a judgment against Defendant Clutter, Inc., it may be liable under Insurance Code Section 3852. Insurance Code Section 3852 provides: “any employer who pays, or becomes obligated to pay compensation, or who pays, or becomes obligated to pay salary in lieu of compensation, or who pays or becomes obligated to pay an amount to the Department of Industrial Relations pursuant to Section 4706.5, may likewise make a claim or bring an action against the third person. In the latter event, the employer may recover in the same suit, in addition to the total amount of compensation, damages for which he or she was liable including all salary, wage, pension, or other emolument paid to the employee or to his or her dependents.”

Further, Sedgwick contends it has paid the following benefits to Plaintiff Jessica Solis in the underlying workers’ compensation case: medical: $40,700.52; indemnity (loss of earnings): $44,251.23; total: $84,951.75.

The Court finds that Sedgwick has demonstrated it has an interest in this action as it may be required to satisfy a judgment rendered against Defendant Clutter, Inc. Further, Intervention will not enlarge the issues in this action as Sedgwick merely seeks to assert a defense on Defendant Clutter, Inc.’s behalf.

Accordingly, Prospective Intervenor Sedgwick’s Motion for Leave to Intervene is GRANTED.