Jaime Tristan v. Wilmer Nieto Garcia

SUPERIOR COURT, STATE OF CALIFORNIA COUNTY OF SANTA CLARA Department 10 Honorable Jeffrey B. El-Hajj Blanca Than, Courtroom Clerk 191 North First Street, San Jose, CA 95113 Telephone: 408-882-2210

DATE: July 16, 2026 TIME: 9:00 A.M. / 9:01 A.M. To contest the ruling, you must call (408) 808-6856 before 4:00 P.M. Make sure to let the other side know before 4:00 P.M. that you plan to contest the ruling. (Cal. Rules of Court, rule 3.1308(a)(1); Local Rule 8.D.)

**Please specify the issue to be contested when calling the Court and counsel**

Line 6 25CV481878 Jaime Tristan v. Proposed intervenor Falls Lake Fire and Casualty Company’s (Falls Wilmer Nieto Garcia Lake) motion to intervene to file a subrogation complaint-in-intervention against defendants Wilmer Julian Nieto Garcia and Doe defendants. Notice is proper and the motion is unopposed. (Code Civ. Proc., § 387, subd. (b); Lab. Code, § 3853.) An employer (or its insurer) “may ‘recover workers’ compensation benefits it has become obligated to pay and/or has paid by (1) bringing an action directly against the tortfeasor ([Lab.

Code,]§ 3852), (2) joining as a party plaintiff or intervening in an action brought by the employee ([Lab. Code,]§ 3853), or (3) allowing the employee to prosecute the action and then applying for a first lien against the resulting judgment or settlement. ([Lab. Code,]§ 3856, subd. (b).)’ ” (Gapusan v. Jay (1998) 66 Cal.App.4th 734, 739, fn. 3.) Falls Lake contends that plaintiff was acting within the scope of his employment with non-party Consolidated Plumbing Services when the automobile accident forming the basis for plaintiff’s complaint occurred.

Falls Creek is plaintiff’s employer’s insurer; Falls Creek paid a workers’ compensation claim to plaintiff. The motion is GRANTED. Falls Lake is ordered to separately file its proposed complaint-in-intervention no later than July 24, 2026. The court will prepare the order.