Judge: William A. Crowfoot, Case: 20STCV10986, Date: 2022-12-08 Tentative Ruling

Case Number: 20STCV10986    Hearing Date: December 8, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

I.            INTRODUCTION

On March 18, 2020, plaintiff Radford Eugene Spencer (“Plaintiff”) filed this action against defendant Hensel Phelps Construction Company and Hensel Phelps, Inc. (collectively, “Hensel Phelps”) for injuries sustained on April 6, 2018, at a construction project. Plaintiff was working in the course and scope of his employment with City of Los Angeles, Los Angeles World Airports (“City”), when a vehicle contacted an unfilled water-fillable plastic barrier and caused it to collide with Plaintiff’s person. Plaintiff alleges that Hensel Phelps was responsible for the barrier and negligently failed to fill, install, position, or test the barrier.  On October 18, 2022, City filed this motion for leave to file a complaint-in-intervention on the grounds that it has paid worker’s compensation benefits to Plaintiff.  The motion is unopposed.

On November 10, 2022, the Court continued the hearing on this motion so that City could submit supplemental evidence.  On November 29, 2022, City filed the Supplemental Declaration of Amelia A. Steelhead.

II.          LEGAL STANDARD

A nonparty shall petition the court for leave to intervene by noticed motion or by 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 a provision of law confers an unconditional right to intervene, or 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).)

Pursuant to California Labor Code section 3852, “any employer who pays, or becomes obligated to pay compensation, or who pays, or becomes obligated to pay salary in lieu of compensation... may likewise bring a claim or bring an action against the third person...” In dealing with an action by an employee against a third party, an employer has an unconditional right to intervene in the employee’s lawsuit at any time prior to trial on the facts. (O’Dell v. Freightliner Corp. (1992) 10 Cal.App.4th 645, 654.)

III.        DISCUSSION

City has a direct interest in the lawsuit because Plaintiff is City’s employee, he was acting in the course and scope of his employment at the time of the subject accident, and City paid workers’ compensation benefits to Plaintiff for of the accident. City’s motion is supported by the Declaration of Jacquelyn Simmons, the Workers' Compensation Analyst overseeing Plaintiff’s workers’ compensation claim. The declaration affirms Plaintiff is City’s employee, as “he filed a Workers' Compensation claim in relation to a motor vehicle/pedestrian collision on April 6, 2018.” (Suppl. Steelhead Decl., Exh. B, Simmons Decl. ¶ 3.) 

Furthermore, if the Court gives City leave to file a complaint-in-intervention, it will not complicate the trial or issues involved nor will it prejudice Plaintiff’s or Defendant’s case. Plaintiff’s medical condition and loss of earnings are already at issue in the case, and because City has paid for his medical treatment and injured-on-duty pay, City’s interests fall squarely within the matters already at issue.

IV.         CONCLUSION

Accordingly, City’s motion to intervene is GRANTED.

City is ordered to file the proposed complaint-in-intervention attached as Exhibit C to the Supplemental Declaration of Amelia A. Steelhead within 5 days. 

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.