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MINH N. HOANG, ESQ. (SBN 248951)
GIBSON & SHARPS. I’SC
32108 Alvarado Blvd, #316
Union City, California 94587
Email:m
Telephone: {800) 425-0967
Facsimile: (800) 944-5176
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Attorneys for Intarvenor,
YORK INSURANCE SERVICES GROUP, INC.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
O
COUNTY OF SANTA BARBARA
p.-
11
{Ned}
COOK DIVISION .._..~—.
12
13
DAVID DODD and MICHELLE DODD,
..-.~-
14
...
Plaintiflk.
15 Case No. 1457671 ...........
16
17
-.——
BONITA PACKING, BB’I'I'ERAVIA FARMS, COWLAm'f-m-HVTERVENTION FOR
and DOES 1 - 10, Inclusive, REIMBURSEMENT OF WORKERS’
Summarvs
18 -...-...
19 COMPENSATION EXPENDITURES
Del’mdnnm, 5-....-
20 (California Code of Civ. Proo. 387 and Labor
Code Section 3852)
..._
21
YORK INSURANCE SERVICES GROUP.
.-
__
22 INC.,
A20 23 BY FAX
Complainant in Intervention
24
vs.
25
26
BONITA PACKING. BETTERAVIA FARMS,
27 and DOES 1 to 10,1noluslve,
28
Defendants In Intervention
29
3O
1
COMPLAINT IN INTERVENTION FOR REIMBURSEMENT OF
WORKERS COMPENSATION MANOR BENEFITS
NOW COMES, the Intervenor. YORK INSURANCE SERVICES GROUP, INC., by and .
through its attorneys, GIBSON & SHARPS, PSC, hereby intervene and does hereby join
Plaintiffs as follows:
madame-wrap i. Tim at all times mentioned herein Intervenor was and now is a Californi
corporation authorized to transact and transacting workers compensation insurance business in
the State of California.
2. That at all times mentioned herein intervene: was obligated under a duly issued
and valid policy of workers compensation insurance issued by Intervancr in flavor of Reyburn
Salt and Brine Service LLC. to pay for workers compensation benefits sufiered by PlaintiffI
DAVID DODD (“Dodd”), an employee of Reyburn Salt and Brine Service LLC.
3. Intervenor finther incorporates in this complaint the charging allegations oi
Dodd’s complaint in this action.
4. That Intorvenor is not aware of the true names and capacities whether individual.
of Defendants,
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associate. corporate or otherwise 1 through 10, and leave of court will he asked to
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amend this Complaint to set forth their names and cspacitiw when same become ascertained.
5. That Inimvenor is infcnned and believes and thereon alleges that Defendants, 1
through 10, and each of them are negligem responsible in some manner for the occurrences
herein alleged and that the injuries and damages herein alleged Were proximately cause by said
negligence.
6. That the subject accident occurred in the City of Santa Maria, County of Santsl
Barbara, State of California.
7. On or about October 19, 2011. l’laintiff. DAVID DODD was performing his
normal and customary duties for his employer, Intervenor’ s insured, when he suifered traumatic
2
COMPLAINT IN INTERVENTION FOR RRMBURSBMENT 0F
WORKERS COMPENSATION INSURANCE BENEFITS
injuries when he was operating a hose and coupling to transfer salt in the normal course of hi;
employment. As a result of Defendants' negligence, Plaintiff suffered injuries and damage;
including but not limited to serious flwial trauma including multiple fiactures, and more as
woodcuts-bunk:
adequately set forth in Plaintifi's’ Complaint. Defendants so negligently, carelessly, recklessl
maintained, owned, operated and managed their premises which allowed a dangerous condition
to exist. As mentioned above, at the time of this incident Plaintiff was in the course and scope of
his employment with Rayburn Salt and Brine Service LDC.
8. That Defendants, DOES 1 through 10, Inclusive. were employees, agents, and/or
servants of Defendants, and each of mean, and were acting in the course and scope of said
employment, agency, etc, at the time ofthis trauma.
9. As a. further proximate result of Defendants’ negligence Intervenor became
obligated to pay and did pay to Plaintiff the sum of $151,138.45 in workers compensation
benefits [which are likely ongoing and continuing].
10. By reason of those payments, Interevenor is entitled to intervene in this action
CaliforniaW
whennxonrewwwsaHHHh-HH
under § 387 andlahflndg § 3853 and is subrogsted to the
rights of Plaintiff in regard to the accident referred to herelnabove.
WHERBFORB, Intervenor prays for:
1. Reimbursement of benefits paid and payable to and on behalf of YORK INSURANCE
SERVICES GROUP, INC in the sum of $151,138.45 and additional sums that accrue
pluT
interest on such payments;
2. Expenses and cost of suit herein;
3. For any and all such further relief as the Court may deem just and proper.
3
COMPLAINT IN INTERVENTION FOR REIMBURSEMENT 0F
WORKERS COMPENSA'I'ION INSURANCE BE‘IEFITS
Dated: November 26, 2014 .Br-
Minh N. Huang
GIBSON & SHARPS, PSC
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Attorney for Inteu‘vmor,
YORK INSURANCE SERVICES GROUP. INC
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4
COWLAJN'I' IN INTERVENTION FOR REIMBURSEMENT 0F
WORKERS COMPENSATION INSURANCE BENEFITS
~
PROOF OF SERVICE
STATE OF KENTUCKY, COUNTY OF JEFFERSON
At the time of service, I was over 18 years of age and not a party to this action. I am
employed in the County of Jefferson, State of Kentucky. My business address is 9420 Bunsen
noooqoxoiaswmr—I
Parkway, Suite 250, Louisville, KY 40220.
On March 30, 2015 and January 9, 2015, I served the foregoing document(s)
COMPLADIT-IN-INTERVENTION FOR REIMBURSEMENT 0R
,
described as
WORKERS’ COMPENSATION EXPENDITURES on the interested parties in this action by
placing a true copy thereof enclosed in sealed envelopes addressed as stated on the attached
service list:
[:I BY PERSONAL SERVICE: I caused such envelope to be delivered by a process server
employed by One Legal LLC.
I] BY CERTIFIED MAIL: I am “readily familiar” with Gibson &
Sharps, PSC practice for
collection and processing of correspondence for mailing with the United States Postal Service;
such envelop will be deposited with the United States Postal Service on the above date in the
ordinary course of business at the business address shown above; and such envelop was placed
for collection and mailing, by Certified United States Mail, Return Receipt Requested, on the
&
above date according to Gibson Sharps, PSC’s ordinary business practice.
BY MAIL: deposited such envelope in the mail at Louisville, Kentucky. The envelope
I
was mailed with postage thereon fully prepaid. I am readily familiar with the firm’s ractice of
collection and processing correspondence for mailing. Under that practice, it would e deposited
with the US. Postal Service on the same day with postage fully repaid at Louisville, Kentucky
in the ordinary course of business. I am aware that on motion 0 the party served, service is
presumed invalid if postal cancellation date or postage meter date is more than one (1) day after
the date of deposit for mailing in affidavit.
NMNNNNNNNHHHHI—‘HHHHH
E] BY OVERNIGHT DELIVERY: I deposited such envelope for collection and delivery by
(SigmunxmhwmwoxoooslmmfiwNI—Io
UNITED PARCEL SERVICE with delivery fees paid or provided for in accordance with
ordinary business practices. I am readily familiar with the finn‘s practice of collection and
processing packages for overnight delivery by UNITED PARCEL SERVICE. They are
deposited with a acility regularly maintained by UNITED PARCEL SERVICE for receipt on
the same day in the ordinary course of business
[Z VIA FACSIMILE: I faxed said document, to the office(s) of the addressee(s) shown below,
and the transmission was reported complete and without error.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct.
Executed on March 30, 2015, at Louisville, Kentucky.
amikx’a Frank 252
Russell R. Ghitterman Esq. Attorneys for Plaintiff
‘Ghitterman Ghitterman & Feld
418 East Canon Perdido Street
CA
mm‘rmmnmmw
Santa Barbara, 93101
FAX: 805-965-5009
Kevin Kay Cholakian, Esq.
Brian J.a,& Esq.
Cholakian Associates
Attorneys for Defendants
400 Oyster Point Blvd. Ste. 415
San Francisco, CA 94080
FAX: 650-871-9552
owmqmmhuws—Iommqmmhwns—Io
UNNMNMMMNNNHHPHPHPHHH
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MINH N. HOANG, ESQ. (SBN 248951) GIBSON & SHARPS. I’SC 32108 Alvarado Blvd, #316 Union City, California 94587 Email:m Telephone: {800) 425-0967 Facsimile: (800) 944-5176 wmqmmasmmp Attorneys for Intarvenor, YORK INSURANCE SERVICES GROUP, INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA O COUNTY OF SANTA BARBARA p.- 11 {Ned} COOK DIVISION .._..~—. 12 13 DAVID DODD and MICHELLE DODD, ..-.~- 14 ... Plaintiflk. 15 Case No. 1457671 ........... 16 17 -.—— BONITA PACKING, BB’I'I'ERAVIA FARMS, COWLAm'f-m-HVTERVENTION FOR and DOES 1 - 10, Inclusive, REIMBURSEMENT OF WORKERS’ Summarvs 18 -...-... 19 COMPENSATION EXPENDITURES Del’mdnnm, 5-....- 20 (California Code of Civ. Proo. 387 and Labor Code Section 3852) ..._ 21 YORK INSURANCE SERVICES GROUP. .- __ 22 INC., A20 23 BY FAX Complainant in Intervention 24 vs. 25 26 BONITA PACKING. BETTERAVIA FARMS, 27 and DOES 1 to 10,1noluslve, 28 Defendants In Intervention 29 3O 1 COMPLAINT IN INTERVENTION FOR REIMBURSEMENT OF WORKERS COMPENSATION MANOR BENEFITS NOW COMES, the Intervenor. YORK INSURANCE SERVICES GROUP, INC., by and . through its attorneys, GIBSON & SHARPS, PSC, hereby intervene and does hereby join Plaintiffs as follows: madame-wrap i. Tim at all times mentioned herein Intervenor was and now is a Californi corporation authorized to transact and transacting workers compensation insurance business in the State of California. 2. That at all times mentioned herein intervene: was obligated under a duly issued and valid policy of workers compensation insurance issued by Intervancr in flavor of Reyburn Salt and Brine Service LLC. to pay for workers compensation benefits sufiered by PlaintiffI DAVID DODD (“Dodd”), an employee of Reyburn Salt and Brine Service LLC. 3. Intervenor finther incorporates in this complaint the charging allegations oi Dodd’s complaint in this action. 4. That Intorvenor is not aware of the true names and capacities whether individual. of Defendants, MMMMMMMHHHHHHHHe-ap associate. corporate or otherwise 1 through 10, and leave of court will he asked to gsggmmnwmt-Iommqoxmpmnpo amend this Complaint to set forth their names and cspacitiw when same become ascertained. 5. That Inimvenor is infcnned and believes and thereon alleges that Defendants, 1 through 10, and each of them are negligem responsible in some manner for the occurrences herein alleged and that the injuries and damages herein alleged Were proximately cause by said negligence. 6. That the subject accident occurred in the City of Santa Maria, County of Santsl Barbara, State of California. 7. On or about October 19, 2011. l’laintiff. DAVID DODD was performing his normal and customary duties for his employer, Intervenor’ s insured, when he suifered traumatic 2 COMPLAINT IN INTERVENTION FOR RRMBURSBMENT 0F WORKERS COMPENSATION INSURANCE BENEFITS injuries when he was operating a hose and coupling to transfer salt in the normal course of hi; employment. As a result of Defendants' negligence, Plaintiff suffered injuries and damage; including but not limited to serious flwial trauma including multiple fiactures, and more as woodcuts-bunk: adequately set forth in Plaintifi's’ Complaint. Defendants so negligently, carelessly, recklessl maintained, owned, operated and managed their premises which allowed a dangerous condition to exist. As mentioned above, at the time of this incident Plaintiff was in the course and scope of his employment with Rayburn Salt and Brine Service LDC. 8. That Defendants, DOES 1 through 10, Inclusive. were employees, agents, and/or servants of Defendants, and each of mean, and were acting in the course and scope of said employment, agency, etc, at the time ofthis trauma. 9. As a. further proximate result of Defendants’ negligence Intervenor became obligated to pay and did pay to Plaintiff the sum of $151,138.45 in workers compensation benefits [which are likely ongoing and continuing]. 10. By reason of those payments, Interevenor is entitled to intervene in this action CaliforniaW whennxonrewwwsaHHHh-HH under § 387 andlahflndg § 3853 and is subrogsted to the rights of Plaintiff in regard to the accident referred to herelnabove. WHERBFORB, Intervenor prays for: 1. Reimbursement of benefits paid and payable to and on behalf of YORK INSURANCE SERVICES GROUP, INC in the sum of $151,138.45 and additional sums that accrue pluT interest on such payments; 2. Expenses and cost of suit herein; 3. For any and all such further relief as the Court may deem just and proper. 3 COMPLAINT IN INTERVENTION FOR REIMBURSEMENT 0F WORKERS COMPENSA'I'ION INSURANCE BE‘IEFITS Dated: November 26, 2014 .Br- Minh N. Huang GIBSON & SHARPS, PSC wmdauA-upop Attorney for Inteu‘vmor, YORK INSURANCE SERVICES GROUP. INC Mmmnmmn'nwwMHHy-npppp 8834mmhwnt—‘owmdmmhwnpo 4 COWLAJN'I' IN INTERVENTION FOR REIMBURSEMENT 0F WORKERS COMPENSATION INSURANCE BENEFITS ~ PROOF OF SERVICE STATE OF KENTUCKY, COUNTY OF JEFFERSON At the time of service, I was over 18 years of age and not a party to this action. I am employed in the County of Jefferson, State of Kentucky. My business address is 9420 Bunsen noooqoxoiaswmr—I Parkway, Suite 250, Louisville, KY 40220. On March 30, 2015 and January 9, 2015, I served the foregoing document(s) COMPLADIT-IN-INTERVENTION FOR REIMBURSEMENT 0R , described as WORKERS’ COMPENSATION EXPENDITURES on the interested parties in this action by placing a true copy thereof enclosed in sealed envelopes addressed as stated on the attached service list: [:I BY PERSONAL SERVICE: I caused such envelope to be delivered by a process server employed by One Legal LLC. I] BY CERTIFIED MAIL: I am “readily familiar” with Gibson & Sharps, PSC practice for collection and processing of correspondence for mailing with the United States Postal Service; such envelop will be deposited with the United States Postal Service on the above date in the ordinary course of business at the business address shown above; and such envelop was placed for collection and mailing, by Certified United States Mail, Return Receipt Requested, on the & above date according to Gibson Sharps, PSC’s ordinary business practice. BY MAIL: deposited such envelope in the mail at Louisville, Kentucky. The envelope I was mailed with postage thereon fully prepaid. I am readily familiar with the firm’s ractice of collection and processing correspondence for mailing. Under that practice, it would e deposited with the US. Postal Service on the same day with postage fully repaid at Louisville, Kentucky in the ordinary course of business. I am aware that on motion 0 the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one (1) day after the date of deposit for mailing in affidavit. NMNNNNNNNHHHHI—‘HHHHH E] BY OVERNIGHT DELIVERY: I deposited such envelope for collection and delivery by (SigmunxmhwmwoxoooslmmfiwNI—Io UNITED PARCEL SERVICE with delivery fees paid or provided for in accordance with ordinary business practices. I am readily familiar with the finn‘s practice of collection and processing packages for overnight delivery by UNITED PARCEL SERVICE. They are deposited with a acility regularly maintained by UNITED PARCEL SERVICE for receipt on the same day in the ordinary course of business [Z VIA FACSIMILE: I faxed said document, to the office(s) of the addressee(s) shown below, and the transmission was reported complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on March 30, 2015, at Louisville, Kentucky. amikx’a Frank 252 Russell R. Ghitterman Esq. Attorneys for Plaintiff ‘Ghitterman Ghitterman & Feld 418 East Canon Perdido Street CA mm‘rmmnmmw Santa Barbara, 93101 FAX: 805-965-5009 Kevin Kay Cholakian, Esq. Brian J.a,& Esq. Cholakian Associates Attorneys for Defendants 400 Oyster Point Blvd. Ste. 415 San Francisco, CA 94080 FAX: 650-871-9552 owmqmmhuws—Iommqmmhwns—Io UNNMNMMMNNNHHPHPHPHHH