Chambers v. Santa Cruz City School District

Opinion

AGLIANO, P. J.

The issue before us is whether the complaint in intervention of a workers’ compensation insurer was properly dismissed on the ground that the plaintiffs in the underlying third party tort action had failed to serve and return summons within the statutory three-year period. (Former Code Civ. Proc., § 581a, repealed by Stats. 1984, ch. 1705, § 3.)

The intervener argues that the order dismissing its complaint was erroneous because Labor Code section 3853 permits intervention at any time before trial, because the court improperly failed to make factual findings excusing the…