PABLO VEJAR, JR., Plaintiff, v. CVS PHARMACY, INC., et al., Defendants.

Case No.: 18STCV08399

Hearing Date: July 26, 2019

[Tentative] order RE:

MOTION FOR LEAVE TO INTERVENE

Plaintiff Pablo Vejar, Jr. (“Plaintiff”) was injured at work when a seven-foot tall “slammer stud” fell on him. Plaintiff filed this action against Defendants CVS Pharmacy, Inc., Gray West Construction, Inc., and Altavista Wall Systems, Inc. Now, proposed Intervenor Security National Insurance Company moves to intervene pursuant to Labor Code 3853 because it provided workers’ compensation benefits to Plaintiff. “[Labor Code] [s]ection 3853 states that when an action is brought against a third party by either the employer or the employee, ‘the other may, at any time before trial on the facts, join as party plaintiff.’” (Jordan v. Superior Court (1981) 116 Cal.App.3d 202, 206 (quoting Labor Code section 3853).) “‘[T]he law is clearly established that, when the employer’s action is timely filed, the employee may