Superior Court Los Angeles County

Procedural Posture

Appellant sought review of a judgment by the Superior Court of Los Angeles County (California), which dismissed its claim against respondent, the employer of an injured employee, in a workers' compensation action filed by the injured employee. The trial attorneys meet and update the client regularly and to keep them informed about the developments.

Overview

An injured worker filed an action against three parties, including appellant and respondent, the injured worker's employer. Appellant sought indemnification and contribution from respondent, as well as an offset in the amount of workers' compensation benefits paid by respondent's workers' compensation insurer. The trial court dismissed appellant's action against respondent and imposed monetary sanctions on appellant. On review, the court affirmed the trial court's dismissal of appellant's action, but reversed the trial court's imposition of sanctions. The court held that respondent could not be compelled to participate in the action as a cross-defendant. The court explained that, in light of the purpose of the workers' compensation law and the rule that declaratory relief by way of a cross-complaint may be denied when the same issue is raised by affirmative defense, appellant's claim could not be pursued where respondent did not intervene in the suit.

Outcome

The court affirmed the dismissal of appellant's action against respondent, holding that it would contravene the purposes of the workers' compensation law to allow appellant to compel respondent's participation, absent prior intervention by respondent. The court reversed the imposition of sanctions against appellant.