jesus I. Gutierrez, Plaintiff, v. ports america cruise, inc., et al., Defendants.
Case No.: 19STCV42902
Hearing Date: January 28, 2020
[TENTATIVE] order RE:
motion for leave to file complaint in intervention
Plaintiff Jesus I. Gutierrez (“Plaintiff”) filed the complaint in this case based on injuries she sustained in an underlying accident. Proposed Intervenor Redwood Fire & Casualty Insurance Company (“Intervenor”) seeks leave to intervene per Labor Code section 3852. Intervenor represents that it paid workers’ compensation benefits to Plaintiff as a result of the accident. Per Labor Code sections 3852 and 3853, Intervenor may join this action. However, Intervenor never filed its motion with the Court. Instead, Intervenor filed only a proposed order. In the absence of a motion, the Court cannot grant relief. Therefore, the motion is denied without prejudice. Intervenor shall provide notice and file proof of such with the Court.
DATED: January 28, 2020 ___________________________
Hearing Date
January 28, 2020
Type
Motor Vehicle - Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)
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jesus I. Gutierrez, Plaintiff, v. ports america cruise, inc., et al., Defendants.
Case No.: 19STCV42902
Hearing Date: January 28, 2020
[TENTATIVE] order RE:
motion for leave to file complaint in intervention
Plaintiff Jesus I. Gutierrez (“Plaintiff”) filed the complaint in this case based on injuries she sustained in an underlying accident. Proposed Intervenor Redwood Fire & Casualty Insurance Company (“Intervenor”) seeks leave to intervene per Labor Code section 3852. Intervenor represents that it paid workers’ compensation benefits to Plaintiff as a result of the accident. Per Labor Code sections 3852 and 3853, Intervenor may join this action. However, Intervenor never filed its motion with the Court. Instead, Intervenor filed only a proposed order. In the absence of a motion, the Court cannot grant relief. Therefore, the motion is denied without prejudice. Intervenor shall provide notice and file proof of such with the Court.
DATED: January 28, 2020 ___________________________