Judge: Matthew C. Braner, Case: 37-2023-00020306-CU-PO-CTL, Date: 2023-12-08 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - December 07, 2023

12/08/2023  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

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Civil - Unlimited  PI/PD/WD - Other Motion Hearing (Civil) 37-2023-00020306-CU-PO-CTL ROMERO VS PARK [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Plaintiff-in-Intervention Preferred Employers Insurance Company's ('Intervenor') motion for leave to intervene is GRANTED.

As of December 7, 2023, Plaintiff Francisco Romero has not filed any opposition to Intervenor's motion.

Pursuant to this court's local rules, this failure to respond will be regarded as a concession that Intervenor's motion has merit. (See San Diego Superior Court Local Rule 2.1.19, subd. (B).) 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 worker compensation insurer for Plaintiff's employer, Pitamber Enterprises dba Heritage Inn San Diego, contends that Labor Code section 3852 confers on it an unconditional right to intervene. That section 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 . . . .'].) The court agrees that Labor Code section 3852 confers on Intervenor an unconditional right to intervene.

Intervenor has otherwise complied with the relevant procedural requirements, including provision of the proposed complaint in intervention. (Code Civ. Proc., § 387, subd. (c).) Accordingly, Intervenors motion to intervene is granted.

The minute order is the order of the court.

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