Mar v. Sakti International Corp.

*1782Opinion

POCHÉ, J.

If an employee injured in the course of his or her employment by a third party commences an action against that third party, Labor Code section 3853 grants the employee’s employer an unconditional right to intervene in the action “at any time before trial on the facts.” (la) We hold that if an employer makes a pretrial motion to become a party to such a pending action, the employer has, as a matter of law, satisfied the “upon timely application” requirement in Code of Civil Procedure section 387 governing intervention in general.1

Background

In November of 1989 Kingsley Mar was…