Judge: Michelle C. Kim, Case: 21STCV33802, Date: 2023-09-01 Tentative Ruling

Case Number: 21STCV33802    Hearing Date: September 1, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

MYNOR VILLEDA, 

Plaintiff(s), 

vs. 

 

UNIVERSITY OF SOUTHERN CALIFORNIA, A CALIFORNIA NONPROFIT CORPORATION, ET AL., 

Defendant(s). 

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Case No.: 21STCV33802 

 

[TENATATIVE] ORDER GRANTING INTERVENER’S UNOPPOSED MOTION FOR LEAVE TO INTERVENE 

 

Dept. 31 

1:30 p.m. 

September 1, 2023 

 

I. Background 

On September 14, 2021, Plaintiff Mynor Villeda (“Plaintiff”) filed this action against Defendant University of Southern California (“Defendant”) for damages arising from a condition on Defendant’s premises in which Plaintiff moved past obstacles on a walkway and stepped into a square hole, thereby causing Plaintiff injury.  

At this time, Sedgewick moves for leave to intervene in the case, contending it is the workers’ compensation administrator that ensured Plaintiff’s employer, Aramark Facility Services, Inc. Sedgewick avers it has paid workers’ compensation benefits in the total amount of $133,821.53 to date, which does not include certain expenses to be added to the subrogation demand. The motion is unopposed. 

 

II. Legal Standard  

“If any provision of law confers an unconditional right to intervene or if the person seeking intervention claims an interest relating to the property or transaction which is the subject of the action and that person is so situated that the disposition of the action may as a practical matter impair or impede that person’s ability to protect that interest, unless that person’s interest is adequately represented by existing parties, the court shall, upon timely application, permit that person to intervene.”  (Code Civ. Proc., § 387, subd. (b).)    

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.) 

 

III. Discussion  

Labor Code §§ 3852 and 3853 make clear that an employer against whom a claim for worker’s compensation damages was made may join in an action against a third party arising out of the incident for which the worker’s compensation payment was made. § 3850(b) defines “employer” to include the employer’s insurer. Intervenor Sedgewick has demonstrated an unconditional right to intervene in this action.  The unopposed motion for leave to intervene is GRANTED.  Intervenor Sedgewick is ordered to file its proposed Complaint-in-Intervention within ten (10) days of the date of this Order.   

 

Intervenor Sedgewick is ordered to give notice. 

 

PLEASE TAKE NOTICE: 

  • Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement. 

  • If a party intends to submit on this tentative ruling,¿the party must send an email to the court at¿sscdept31@lacourt.org¿with the Subject line “SUBMIT” followed by the case number.¿ The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.¿¿ 

  • Unless¿all¿parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.¿ You should assume that others may appear at the hearing to argue.¿¿ 

  • If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.¿ After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.¿ 

 

Dated this 31st day of August 2023 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court