Judge: Michael Shultz, Case: 23CMCV00729, Date: 2024-02-20 Tentative Ruling

Case Number: 23CMCV00729    Hearing Date: February 20, 2024    Dept: A

23CMCV00729 Carrie Hodgson v. Thomas Built Buses, Inc., et al.

Tuesday, February 20, 2024, at 8:30 a.m.

[TENTATIVE] ORDER GRANTING MOTION FOR LEAVE TO FILE COMPLAINT-IN-INTERVENTION

       The complaint alleges that Plaintiff was employed by Shasta Union High School District (the District) at its bus yard. Plaintiff fell from a bus manufactured by Defendants while attempting to clean the windshield. As she grabbed a handle over the passenger side of the windshield, the handle broke off in Plaintiff’s hand causing her to fall.

       The District requests leave to file a complaint-in-Intervention against Defendants to recover worker's compensation benefits paid to Plaintiff, who was injured while in the course and scope of employment. The District timely served this motion on all parties.  No opposition has been filed by February 9, 2024, (nine court days before the hearing). (Code Civ. Proc., § 1005 subd. (b).

       A party may intervene as a matter of right if the party demonstrates an interest relating to the property or transaction at issue and disposition of the action may as a practical matter impair that party’s ability to protect the interest. (Code Civ. Proc., § 387 subd. (b).) Permissive intervention is proper where the intervenor shows a direct interest in the outcome of the litigation between two other parties. (Code Civ. Proc., § 387 subd.(a).)

       An employer can intervene in the employee’s suit if it becomes obligated to pay salary in lieu of compensation.  (Lab. Code, § § 3852, 3853.)        Intervenor has demonstrated a statutory right to intervene under the Labor Code given its status as an insurer for the employer. Accordingly, the motion to intervene is GRANTED. The District is ordered to file its Complaint-in-Intervention forthwith.