Judge: Michelle C. Kim, Case: 22STCV23138, Date: 2023-04-20 Tentative Ruling

Case Number: 22STCV23138    Hearing Date: April 20, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Michael Stewart (“Plaintiff”) filed this action against Defendants Enrico Castagnola (“Castagnola”), et al. for injuries Plaintiff sustained while Plaintiff was in his tractor trailer at the Port of Los Angeles waiting for Castagnola to load a container onto the chassis of Plaintiff’s trailer.  Plaintiffs alleges that Castagnola was operating a crane, and while Plaintiff was waiting in his trailer, the container was dropped from approximately 80 feet high, causing Plaintiff to be thrown about his trailer and hit his head on the windshield. 

Redwood Fire And Casualty Insurance Company, as administered by, Berkshire Hathaway Homestate Companies, (“Redwood Fire”) moves for leave to intervene in this action.  Redwood Fire contends Plaintiff, at the time of the incident, was in the course and scope of his employment with Redwood Fire’s insured.  Redwood Fire asserts it has paid, and continues to pay, workers’ compensation benefits to Plaintiff as a result of his alleged injuries. 

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.  Labor Code § 3850(b) defines “employer” to include the employer’s insurer. 

The motion is unopposed and granted.  Redwood Fire is ordered to file a separate copy of the complaint-in-intervention within five days. 

Redwood Fire 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 20^th day of April 2023