Case Number: BC718366 Hearing Date: February 19, 2020 Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT

JOSE GUEVARA, etc.,

Plaintiff,

vs.

THE ARCHITECTS COLLECTIVE, INC., etc., et al.,

Defendants.

CASE NO.: BC718366

[TENTATIVE] ORDER RE: MOTION FOR LEAVE TO INTERVENE

Date: February 19, 2020

Time: 8:30 a.m.

Dept. 56

FSC: October 20, 2020

Jury Trial: October 26, 2020

MOVING PARTY: Midwest Employers Cas. Co. (“MEC”)

RESPONDING PARTY: Plaintiff Jose Guevara

The Court has considered the moving and opposition papers. No reply papers were filed. No courtesy copies of any reply papers were provided to the Court. Although filed and served late, the Court will exercise its discretion and will consider MEC’s moving papers.

BACKGROUND

Plaintiff’s complaint arises from an alleged accident arising from Plaintiff’s employment as a construction worker at premises located at 5500 Hollywood Boulevard, Los Angeles, CA 90010. Plaintiff’s complaint alleges a sole cause of action for negligence against Defendants.

MEC filed a motion for an order granting it leave to intervene by filing its complaint and an order deeming that pleading filed and served. MEC asserts that it has a right to intervene so that its claims for reimbursement of the workers compensation benefits can be heard in this one action.

The Court finds that Plaintiff’s opposition is void of any argument or legal authority as to why MEC should not be allowed to intervene in this action and as such Plaintiff has conceded on this point. (Heglin v. F.C.B.A. Market (1945) 70 Cal.App.2d 803, 806.) Plaintiff’s opposition only argues that MEC’s motion was filed and served late and as such the Court should deny MEC’s motion.

Therefore, the Court GRANTS MEC’s motion for leave to intervene.

.

Moving party is ordered to give notice of this ruling.

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.

Dated this 19th day of February 2020

Hon. Holly J. Fujie

Judge of the Superior Court