Mar v. Sakti International Corp.

I respectfully dissent. Industrial Indemnity promptly filed its complaint in intervention in the same month plaintiff filed his original complaint. Wells Fargo, however, waited until just four days before the original trial date to attempt intervention. The trial court, in denying Wells Fargo’s motion as untimely, obviously construed the words “upon timely application” of Code of Civil Procedure1 section 387 as a limitation upon Wells Fargo’s otherwise unconditional right to intervene pursuant to Labor Code section 3853.1 believe both legislative history and established case law support that…