Judge: William A. Crowfoot, Case: 22STCV17410, Date: 2023-01-05 Tentative Ruling

Case Number: 22STCV17410    Hearing Date: January 5, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

I.         BACKGROUND

On May 26, 2022, Plaintiff Barbara Dailey (“Plaintiff”) brought this action against Defendants Los Angeles World Airport, HMSHost Corporation, and Starbucks Corporation (“Defendants”), asserting causes of action for negligence and dangerous condition of public property. Plaintiff alleges on June 23, 2021, while she was waiting to pick up an arriving passenger at LAX Terminal 4, she tripped and fell over an unattended car that was delivering items to Starbucks.

Plaintiff was allegedly injured while performing duties in the course of her employment with Seasons Recovery Center, LLC (“Seasons”). At the time of the incident, Seasons was insured for the purposes of workers' compensation liability by American Family Home Insurance Company (“American Family”).

American Family brings this motion for leave to intervene as a plaintiff. No opposition has been filed.

II.        LEGAL STANDARD

“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(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(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(d)(2).)

If leave to intervene is granted by the court, the intervenor shall separately file the complaint in intervention and serve notice of the court’s decision” to parties who have appeared. (Code Civ. Proc. § 387(e).)

III.      DISCUSSION

American Family seeks leave to intervene as a plaintiff on grounds that Seasons, as Plaintiff’s employer, has a legal right to intervene and American Family is subrogated to the rights of Plaintiff and/or Plaintiff’s employer.

California Labor Code section 3853 provides:

"If either the employee or the employer brings an action against such third person, he shall forthwith give to the other a copy of the Complaint by personal service or certified mail…if the action is brought by either the employer or the employee, the other may, at any time before Trial on the facts, join as a party plaintiff or shall consolidate his action, if brought independently."

Here, American Family offers a declaration from counsel who states that American Family, under provisions of the Workers' Compensation Insurance and Safety Act of California, has become obligated to pay and has paid to Plaintiff certain monies for indemnity and medical expenses. (Johnson Decl., ¶ 4.) Counsel further states that American Family’s obligations have been incurred as the authorized representative and agent of Seasons, and that all payments made to Plaintiff are on behalf of Seasons. (Ibid.)  

Counsel lacks personal knowledge of American Family’s obligations to Plaintiff and Seasons. To allow American Family to submit competent evidence demonstrating its right to intervene, the hearing is CONTINUED to February 2, 2023 at 1:30 p.m.  Any supplemental declaration must be filed no later than January 27, 2023. 

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.