Judge Lee W. Tsao, Case Number: 23NWCV03283, Date: 2024-10-09 Tentative Ruling

Judge: Lee W. Tsao, Case: 23NWCV03283, Date: 2024-10-09 Tentative Ruling

Case Number: 23NWCV03283 Hearing Date: October 9, 2024 Dept: C

CASTRO VS. RAMIREZ, ET AL.

CASE NO.: 23NWCV03283

HEARING: 10/9/24 @ 9:30 A.M.

TENTATIVE RULING

Plaintiff-in-Intervention’s motion for leave to file complaint-in-intervention is GRANTED.

Moving Party to give NOTICE.

The motion is unopposed as of October 7, 2024.

This is about an automobile collision between two vehicles. The plaintiff is the driver of one of the vehicles and defendants are the driver, owner, and lessor of the other vehicle. At the time of the accident, Plaintiff was employed by the County of Los Angeles.

Plaintiff-in-Intervention County of Los Angeles seeks leave to intervene in the complaint based on Labor Code section 3852.

Discussion

Where an employee brings an action for damages proximately caused by a third person, an employer who pays or becomes obligated to pay compensation, or salary in lieu of compensation, may likewise make a claim or bring an action against the third person. (Lab. Code, § 3852.) “[T]he 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.” (Ibid.)

“A workers’ compensation carrier is authorized to attempt recovery of benefits paid either through the maintenance of an independent action (Lab. Code, § 3852), intervention in the employee’s action (Lab. Code, § 3853), or assertion of lien rights in the employee’s recovery (Lab. Code, § 3856, subd. (b).)” (Catello v. I.T.T. General Controls (1984) 152 Cal.App.3d 1009, 1015, fn. 7.)

Here, County of Los Angeles seeks leave to file a complaint-in-intervention on grounds that it is Plaintiff’s employer, and Plaintiff was acting in the course and scope of his employment with the County of Los Angeles when the alleged accident occurred. (Decl. Fox, ¶ 2.) Further, County of Los Angeles must pay Plaintiff’s indemnity and medical expenses. (Decl. Fox, ¶ 2.)

Based on the above, the motion is granted. Intervenor shall separately file the complaint in intervention and serve notice of the court’s decision to parties who have appeared. (Code Civ. Proc. § 387, subd. (e).)