San Diego Unified Port Dist. v. Superior Court

In San Diego Unified Port Dist. v. Superior Court (1988) 197 Cal. App. 3d 843, an injured worker (Joyce Campbell) brought a third party tort claim against the Port District. After her claim was rejected, she filed suit. Marriott Corporation (Marriott) was the workers' compensation insurance carrier for Campbell's employer. Without ever filing a claim, Marriott attempted to intervene in the action between Campbell and the Port District in order to recover from any judgment to Campbell the $ 118,000 it had paid in benefits to her. The Port District demurred on the basis that Marriott had no standing because it had not complied with the Act. Marriott contended it was able to use the claim by Campbell to satisfy the Act's filing requirements. The trial court agreed, as did the appellate court. The rationale was that the Port District's entire exposure relating to Campbell was encapsulated in Campbell's claim. Whether Marriott should receive a portion of Campbell's recovery had no impact on the Port District whatsoever. (San Diego Unified, at pp. 847-848.)