Judge: Matthew C. Braner, Case: 37-2023-00014149-CU-PL-CTL, Date: 2024-04-12 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - April 11, 2024

04/12/2024  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

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Civil - Unlimited  Product Liability Motion Hearing (Civil) 37-2023-00014149-CU-PL-CTL DUNNUM VS RYTEC CORPORATION [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Plaintiff-in-Intervention Everest National Insurance Company ('Intervenor')'s unopposed motion for leave to intervene is GRANTED.

Where a 'provision of law confers an unconditional right to intervene,' the court 'shall, upon timely application, permit a nonparty to intervene in the action or proceeding . . . .' (Code Civ. Proc., § 387, subd. (d)(1).) Here, Intervenor, as the workers' compensation insurer for Plaintiff Timothy Dunnum's employer, General Atomics, contends that Labor Code sections 3852 and 3853 confer on it an unconditional right to intervene. Section 3852 states: 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.

(Lab. Code, § 3852; see also Lab. Code, § 3850, subd. (b) ['Employer' includes insurer as defined in this division.]; Lab. Code, § 3211 ['Insurer' includes . . . any private company, corporation, mutual association, reciprocal or interinsurance exchange authorized under the laws of this State to insure employers against liability for compensation . . . .'].) Section 3853 states: 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.) The court agrees that Labor Code sections 3852 and 3853 confer on Intervenor an unconditional right to intervene, as the insurer that paid out benefits to an injured employee on its insured's behalf. Intervenor has otherwise complied with the relevant procedural requirements, including provision of the proposed complaint in intervention. (Code Civ. Proc., § 387, subd. (c).) Accordingly, Intervenor's motion to intervene is granted.

The minute order is the order of the court.

Calendar No.: Event ID:  TENTATIVE RULINGS

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