Insurance Company of the West v. Marquez et al.

(49) Tentative Ruling

Re: Insurance Company of the West v. Marquez et al. Superior Court Case No. 26CECG00882

Hearing Date: August 11, 2026 (Dept. 502)

Motion: By Richard Venegas to File Complaint-In-Intervention

Tentative Ruling:

To grant. (Code Civ. Proc., § 387, subd. (d)(1).)

Explanation:

Plaintiff-in-Intervention Richard Venegas (“Venegas”) moves for leave to file complaint-in-intervention under Code of Civil Procedure section 387, subdivision (d)(1), and Labor Code section 3853.

Code of Civil Procedure section 387, subdivision (d)(1), states in pertinent part, “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.” Labor Code section 3850 states in pertinent part, “As used in this chapter... ‘Employer’ includes insurer”. Labor Code section 3853 states in pertinent part, “If the action is brought by either the employer or employee, the other may, at any time before trial on the facts, join as party plaintiff or shall consolidate his action, if brought independently.”

The current case arises from an incident involving Venegas upon which Venegas filed a worker’s compensation claim. (Kreit Decl., ¶¶ 2-3.) Insurance Company of the West (“West”) paid out benefits to Venegas. (Id., ¶ 3.) West is Venegas’s Employer’s Insurance. Therefore, West meets the definition of Employer for purposes of Labor Code section 3853. Labor Code section 3853 provides a statutory basis for Venegas to intervene. Accordingly, Venegas’s motion for leave to file complaint-in-intervention is granted.

Pursuant to California Rules of Court, rule 3.1312(a), and Code of Civil Procedure section 1019.5, subdivision (a), no further written order is necessary. The minute order adopting this tentative ruling will serve as the order of the court and service by the clerk will constitute notice of the order.

Tentative Ruling

Issued By: lmg on 8-10-26. (Judge’s initials) (Date)

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