Judge: Peter A. Hernandez, Case: 23PSCV02002, Date: 2024-03-14 Tentative Ruling
Case Number: 23PSCV02002 Hearing Date: March 14, 2024 Dept: K
Proposed Plaintiff-In-Intervention Old Republic
Insurance Company’s unopposed Motion for Leave to Intervene is GRANTED.
Background
Plaintiff Ashton Terry Merritt (“Plaintiff”) sustained injuries/damages in an August 18, 2021 motor vehicle accident.
On July 5, 2023, Plaintiff filed a complaint, asserting a cause of action against Chun Xiang Jiao (“Jiao”) and Does 1-100 for:
1.
Motor Vehicle
On July 17, 2023, Old Republic Insurance Company filed a “Notice of Right to Lien.”
A Case Management Conference is set for March 14, 2024.
“A nonparty shall petition the court for leave to intervene by noticed motion or ex parte application. The petition shall include a copy of the proposed complaint in intervention or answer in intervention and set forth the grounds upon which intervention rests.” (Code Civ. Proc., § 387, subd. (c).)
“The court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if either of the following conditions is satisfied: (A) A provision of law confers an unconditional right to intervene. (B) The person seeking intervention claims an interest relating to the property or transaction that is the subject of the action and that person is so situated that the disposition of the action may impair or impede that person’s ability to protect that interest, unless that person’s interest is adequately represented by one or more of the existing parties. (Code Civ. Proc., § 387, subd. (d)(1).)
“The court may, upon timely application, permit a nonparty to intervene in the action or proceeding if the person has an interest in the matter in litigation, or in the success of either of the parties, or an interest against both.” (Code Civ. Proc., § 387, subd. (d)(2).)
“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.)
“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.)
“If an employee injured in the course of his or her employment by a third party commences an action against that third party, Labor Code section 3853 grants the employee’s employer an unconditional right to intervene in the action at any time before trial on the facts.’” (Mar. v. Sakti Internat. Corp. (1992) 9 Cal.App.4th 1780, 1782.) “If the employer is insured against workmen’s compensation liability, the insurer has the same right of action as the employer, or is subrogated to the employer’s right. In enforcing its cause of action the insurer may . . . join as party plaintiff in the suit previously filed by the employee . . .” (Burum v. State Compensation Ins. Fund (1947) 30 Cal.2d 575, 580-581.)
Discussion
Old Republic Insurance Company (“Proposed Intervenor”), as subrogee of Osmose Holdings Inc. (“Osmose”), seeks an order granting leave to intervene in the instant action and to file its proposed Complaint-in-Intervention.
Proposed Intervenor insured Osmose for workers’ compensation insurance. (Morgan Decl., ¶ 3). On or about August 18, 2021, Osmose’s employee, Plaintiff, was injured in the course and scope of his employment, when Plaintiff was side-swiped on the I-605 by Defendant. (Id., ¶ 4). Plaintiff thereafter applied for and filed a workers’ compensation claim, through which Proposed Intervenor has paid a current total of benefits of $32,764.24 (i.e., $19,720.00 medical and $13,042.24 indemnity). (Id., ¶ 5).
Proposed Intervenor seeks to intervene in the instant case by filing the subject Complaint-in-Intervention for recovery of workers’ compensation benefits. (Id., ¶4.)
The unopposed motion is granted.