Judge: Lisa R. Jaskol, Case: 22STCV34581, Date: 2024-09-30 Tentative Ruling

Case Number: 22STCV34581    Hearing Date: September 30, 2024    Dept: 28

Having considered the moving papers, the Court rules as follows. 

BACKGROUND 

On October 28, 2022, Plaintiff County of Los Angeles (“Plaintiff”) filed this subrogation action against Defendants Bianca Roselyn Munoz, Blanca Esquivel Munoz, and Does 1-10 for motor vehicle tort under Labor Code section  3852. 

On October 4, 2023, Defendants Bianca Roselyn Munoz and Blanca Esquivel Munoz (“Defendants”) filed an answer. 

On August 20, 2024, Martha Malki (“Malki”) filed a motion for leave to file a complaint-in-intervention.  The motion was set for hearing on September 30, 2024.  No opposition has been filed. 

Trial is currently scheduled for October 24, 2024. 

PROPOSED INTERVENOR’S REQUEST 

Malki asks the Court for leave to file a complaint-in-intervention. 

LEGAL STANDARD 

Code of Civil Procedure section 387 provides in part: 

“(c) A nonparty shall petition the court for leave to intervene by noticed motion or ex parte application. The petition shall include a copy of the proposed complaint in intervention or answer in intervention and set forth the grounds upon which intervention rests. 

“(d) (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 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. 

“(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. 

“(e) If leave to intervene is granted by the court, the intervenor shall do both of the following: 

“(1) Separately file the complaint in intervention, answer in intervention, or both. 

“(2) Serve a copy of the order, or notice of the court’s decision or order, granting leave to intervene and the pleadings in intervention as follows: 

“(A) A party to the action or proceeding who has not yet appeared shall be served in the same manner for service of summons pursuant to Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2. 

“(B) A party who has appeared in the action or proceeding, whether represented by an attorney or not represented by an attorney, shall be served in the same manner for service of summons pursuant to Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2, or in the manner provided by Chapter 5 (commencing with Section 1010) of Title 14 of Part 2.” 

(Code Civ. Proc., § 387, subds. (c), (d), (e).) 

          Labor Code section 3852 provides: 

“The claim of an employee, including, but not limited to, any peace officer or firefighter, for compensation does not affect his or her claim or right of action for all damages proximately resulting from the injury or death against any person other than the employer. 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. The respective rights against the third person of the heirs of an employee claiming under Section 377.60 of the Code of Civil Procedure, and an employer claiming pursuant to this section, shall be determined by the court.” 

(Lab. Code, § 3852.) 

          Labor Code section 3853 provides: 

“If either the employee or the employer brings an action against such third person, he shall forthwith give to the other a copy of the complaint by personal service or certified mail. Proof of such service shall be filed in such action. If the action is brought by either the employer or employee, the other may, at any time before trial on the facts, join as party plaintiff or shall consolidate his action, if brought independently.” 

(Lab. Code, § 3853.)

Plaintiff has filed suit “[a]s a subrogated, self insured employer” to recover “damages for all wages and workers compensation benefits paid to or on behalf of Plaintiff's employee, [Malki]” under Labor Code section 3852. 

Malki, Plaintiff’s employee, is entitled to join the action as a party plaintiff under Labor Code section 3853.  The Court therefore grants the motion. 

CONCLUSION 

The Court GRANTS Martha Malki’s motion for leave to intervene.  Martha Malki is ordered to file her complaint-in-intervention within 10 days of the Court’s ruling and comply with Code of Civil Procedure section 387, subdivision (e). 

Moving party is ordered to give notice of this ruling. 

Moving party is ordered to file the proof of service of this ruling with the Court within five days.