Susan Parrott-Padrino vs Rom Dul et al

Case Number

24CV05108

Case Type

Hearing Date / Time

Wed, 04/09/2025 - 10:00

Nature of Proceedings

Motion for Leave to File Complaint in Intervention

Tentative Ruling

Juan J Bustos for Petitioner/Proposed Plaintiff-In-Intervention [failed to provide an email address]

Chad M. Prentice for Plaintiff.

Robert T. Bergsten for Defendant.

RULING

The motion to intervene is granted; the intervening party is ordered to file its complaint in intervention substantially in the form attached to the motion by April 14, 2025.

The trial date of 11/19/25 and the MSC date of 10/31/25 and the final CMC date of 8/27/25 are all confirmed.

Mr. Prentice to give notice.

Background

This is a motion by a workers’ compensation insurer, Employers Preferred Insurance Company, to intervene to seek reimbursement of workers’ compensation benefits paid to and on behalf of the plaintiff. If an employee brings an action against a third-party tortfeasor, the employer (i.e., the employer’s workers’ compensation insurer) “may, at any time before trial on the facts, join as party plaintiff ….” (Lab. Code, § 3853.) The right to intervene prior to trial is unconditional (O’Dell v. Freightliner Corp. (1992) 10 Cal.App.4th 645, 654) and the motion is unopposed.

The Court’s Conclusion

The Motion should be granted.