Judge: Richard Y. Lee, Case: 30-2022-01280353, Date: 2023-08-10 Tentative Ruling

Petitioner Employers Assurance Company (“Petitioner”) seeks leave to file a complaint-in-intervention pursuant to Code of Civil Procedure section 387 and Labor Code section 3853.

Section 387(b) is a compulsory joinder provision which permits a nonparty to intervene in litigation where it claims an “interest relating to the property or transaction which is the subject of the action” and “disposition of the action may as a practical matter impair or impede that person’s ability to protect that interest.” (Code Civ. Proc., § 387(b).  Section 387(b) should be construed liberally in favor of intervention.  (Lincoln Nat’l Life Ins. Co. v. State Bd. of Equalization (1994) 30 Cal.App.4th 1411, 1423 [“courts have recognized California Code of Civil Procedure section 387 should be liberally construed in favor of intervention”].)

An employer who has paid workers’ compensation benefits to an employee injured on the job, has the right to intervene in the employee’s lawsuit against the person causing such injury. (Labor Code, § 3852.)  If the employer is insured against liability for compensation with any insurer, such insurer is subrograted to the rights of the employer and may enforce any such subrogated rights in its own name.  (Ins. Code, § 11662.)  Thus, an employer’s workers’ compensation carrier also has the right to intervene.  (See Bailey v. Reliance Ins. Co. (2000) 79 Cal.App.4th 449, 454 [“various provisions of the Labor Code seek to ensure that the employer (defined to include the insurance carrier under Lab. Code, § 3850) will be reimbursed for amounts paid to the injured employee which the employee has also recovered from a third party tortfeasor”].)  If an action is brought by the employer or employee, the other may, at any time before trial on the facts, join as party plaintiff.  (Labor Code, § 3853.)

This action arises out of an October 1, 2020 vehicle collision.  Petitioner contends that at the time of the accident, Plaintiff David Velazquez Cortez (“Plaintiff”) was acting within the course and scope of his employment for Orange County Direct Mail, Inc., who had workers’ compensation insurance with Petitioner.  Petitioner seeks leave to file a complaint-in-intervention to allege that it has paid and continues to pay workers’ compensation benefits to Plaintiff as a result of the incident.

Based on the claims in the proposed complaint-in-intervention and the above-cited authorities, the unopposed Motion is GRANTED.  Petitioner to file and serve its complaint-in-intervention within 10 days of the date of this order.

Petitioner to give notice.