Vasquez vs. NGL Logistics, LLC

Instead, Defendant asserts Plaintiff’s claims are barred by the defenses of judicial and/or equitable estoppel. (See Motion: 6:15-9:12.) However, these arguments extend well beyond Code of Civil Procedure section 664.6, under which judicial power is “extremely limited” to entering judgment “pursuant to the terms of the settlement.” (Machado v. Myers (2019) 39 Cal.App.5th 779, 790; See also Code Civ. Proc., § 664.6, subd. (a).)

Defendant cites no authority which supports granting relief pursuant to Code of Civil Procedure section 664.6, based on estoppel principles.

54 Vasquez vs. NGL Motion for Leave to Intervene Logistics, LLC StarStone National Insurance Company’s unopposed motion for leave to file a 26-01557902 complaint-in-intervention is GRANTED.

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. (Lab. Code, § 3852.) If the employer is insured against liability for compensation with any insurer, such insurer is subrogated 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. (Lab. Code, § 3853.)

Starstone National Insurance Company has a direct pecuniary interest in this action because it paid workers’ compensation benefits to or on behalf of Plaintiff and seeks reimbursement through subrogation. (Declaration of Matthew Soleimanpour, ¶ 2.) Accordingly, it has a statutory right to intervene and a direct financial interest in this litigation.

The motion is timely, as Labor Code section 3853 expressly permits intervention at any time prior to trial, and there is no indication of prejudice to the existing parties.

Accordingly, the motion is granted.

Starstone National Insurance Company shall electronically file its proposed complaint-in-intervention (Soleimanpour Decl., Ex. A) within 10 days of service of notice of this ruling and shall comply with Code of Civil Procedure section 387, subdivision (e), in serving the complaint-in-intervention.

Moving party shall give notice of the ruling.