EDUARDO PALAFOX ARMENTA ET AL VS. EUPHORIA HOSPITALITY, INC. DBA NOB HILL HOTEL ET AL

Matter on calendar for Thursday, March 12, 2026, Line, CLAIMANT NORGUARD INSURANCE COMPANY's MOTION FOR LEAVE TO Intervene.

Norguard Insurance Company's unopposed Motion for Leave to Intervene is GRANTED.

"An intervention takes place when a nonparty, deemed an intervenor, becomes a party to an action or proceeding between other persons by doing any of the following: (1) Joining a plaintiff in claiming what is sought by the complaint. (2) Uniting with a defendant in resisting the claims of a plaintiff. (3) Demanding anything adverse to both a plaintiff and a defendant." (Code Civ. Proc., 387, subd. (b).)

"The court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if [a] provision of law confers an unconditional right to intervene." (Code Civ. Proc., 387, subd. (d)(A).)

The Labor Code confers such a right in actions brought by either the employer or employee against a third party. (Lab. Code, 3852.) "Employer" includes the employer's insurer. (Lab. Code, 3850, subd. (b).) "An employer who has paid workers' compensation benefits to an injured employee has the right to be reimbursed for the sums paid and for certain other expenditures, except to the extent that fault attributable to the employer caused the worker's civil damages." (Southern Cal. Edison Co. v. Workers' Comp. Appeals Bd. (1997) 58 Cal.App.4th 766.)

"Where a statute authorizes intervention 'at any time before trial' (e.g., Lab. Code [sec.] 3853), the words are given literal effect: an intervention is "timely" even on the eve of trial and although a settlement has been reached between existing parties." (Edmon & Karnow, CALIFORNIA PRACTICE GUIDE: CIVIL PROCEDURE BEFORE TRIAL 2:438.1 (Rutter 2023); Mar v. Sakti Int'l Corp. (1992) 9 Cal.App.4th 1780, 1785.)

Here, good cause appearing, the court grants Norguard Insurance Company leave to intervene. Intervenor must file its complaint-in-intervention and must do so within 5 days of this order. Prior to the hearing, Intervenor shall lodge by email to contestdept302tr@sftc.org a proposed order repeating the above verbatim.

For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.