MCGLASTON vs LARGO CONCRETE, INC., et al.

25CV139934: MCGLASTON vs LARGO CONCRETE, INC., et al. 09/10/2026 Hearing on Motion for Leave to Intervene filed by Liberty Mutual Insurance (Non-Party) CRS# 982650873644 in Department 518

Tentative Ruling - 09/08/2026 Mark Fickes

The Motion for Leave to Intervene filed by Liberty Mutual Insurance on 04/17/2026 is Granted.

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 filed this Motion for Leave to Intervene which is accompanied by proof of timely service on Plaintiff and Defendnat Largo Concrete, Inc. Initially, there was no proof of service of this motion on Defendant N.M.E. Construction, Inc., who was added as a doe defendant on April 2, 2026, which was necessary for this motion to be proper.

Liberty Mutual served Defendant N.M.E. Construction, Inc. on August 24, 2026.

Thus, this motion is now accompanied by proof of timely service on the parties to this action and there is no opposition. The motion makes a sufficient showing for leave to intervene in this action. (See C.C.P. § 387(c).)

Accordingly, IT IS ORDERED that Liberty Mutual Insurance is granted leave to file a Complaint-in-Intervention in the form of that attached to the Declaration of Tyrone Matthews at Exhibit A. (C.C.P. § 387(e)(1).) PLEASE NOTE that the proposed Complaint-in- Intervention submitted with the moving papers is NOT deemed filed or served.

Intervenor shall file the pleading by September 28, 2026, and promptly serve it on all parties (along with a copy of this order) pursuant to C.C.P. § 387(e). The defendants named in the pleading shall have 30 days from the date of service in which to respond.

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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:

First, the party must notify Department 518, by email at Dept518@alameda.courts.ca.gov and 25CV139934: MCGLASTON vs LARGO CONCRETE, INC., et al. 09/10/2026 Hearing on Motion for Leave to Intervene filed by Liberty Mutual Insurance (Non-Party) CRS# 982650873644 in Department 518 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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