MCGLASTON vs LARGO CONCRETE, INC., et al.

25CV139934: MCGLASTON vs LARGO CONCRETE, INC., et al. 09/03/2026 Hearing on Motion for Leave to Intervene filed by Liberty Mutual Insurance (Non-Party) CRS# 982650873644 in Department 518

Tentative Ruling - 09/01/2026 Mark Fickes

Liberty Mutual Insurance served N.M.E. Construction on August 24, 2026. Service must occur 16 days prior to the hearing per CCP 1005, thus the Court needs to continue this hearing.

This motion is CONTINUED to be heard on September 10, 2026, at 2:30 pm.

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Prior TR:

Liberty Mutual Insurance was and is the workers' compensation insurer for Central Concrete Supply, Inc. and has been paying workers’ compensation to the Plaintiff Darrel McGaston on behalf of his employer related to Plaintiff’s injuries sustained on September 18, 2023. This is the event at issue in the underlying complaint. Liberty Mutual Insurance seeks reimbursement for the worker’s compensations payments.

On April 17, 2026, Liberty Mutual Insurance this Motion for Leave to Intervene which is accompanied by proof of timely service on Plaintiff and Defendant Largo Concrete, Inc. However, there is no proof or service of this motion on Defendant N.M.E. Construction, Inc., who was added as a doe defendant on April 2, 2026.

For this reason, this motion is continued to allow Liberty Mutual Insurance time to perfect service on N.M.E. Construction, Inc. related to this motion. Liberty Mutual Insurance must file proof of service of this motion on Defendant N.M.E. Construction prior to the next hearing.

This motion is CONTINUED to be heard on September 3, 2026, at 2:30 pm.

The Hearing on Motion for Leave to Intervene filed by Liberty Mutual Insurance (Non-Party) CRS# 982650873644 scheduled for 07/30/2026 is continued to 09/10/2026 at 02:30 PM in Department 518 at Hayward Hall of Justice.

PLEASE NOTE: Pursuant to California Rule of Court 3.1308, subdivision (a)(1), this tentative ruling will become the order of the Court unless it is contested before 4:00 PM on the court day preceding the noticed hearing.

To contest a tentative ruling, a party should do the following: 25CV139934: MCGLASTON vs LARGO CONCRETE, INC., et al. 09/03/2026 Hearing on Motion for Leave to Intervene filed by Liberty Mutual Insurance (Non-Party) CRS# 982650873644 in Department 518 First, the party must notify Department 518, by email at Dept518@alameda.courts.ca.gov and copy all counsel of record and self-represented parties. The contesting party must state in the subject line of the email the case name, case number and motion.

Second, the party shall log into the eCourt Public Portal, search for this case (e.g., by case number), select the case name, select the "Tentative Rulings" tab, click the "Click to Contest this Ruling" button, enter the party's name and a brief statement of the party's reason for contesting the tentative, and click "Proceed."

Please note the Court does not permit remote appearances for motions for summary judgment that are contested. If you contest a Motion for Summary Judgment, you must appear in person.

For all other motions (unless otherwise noted in the tentative ruling), Parties may appear via videoconference, using the Zoom.com website or application. TO CONNECT TO ZOOM: Department 518 is inviting you to a scheduled ZoomGov meeting.

Topic: Department 518's Personal Meeting Room

Join ZoomGov Meeting https://alameda-courts-ca-gov.zoomgov.com/j/16054307984

Meeting ID: 160 5430 7984

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