Bellaire v. Fleischman

In Bellaire v. Fleischman (1960) 185 Cal. App. 2d 591, the Division of Labor Law Enforcement was the assignee of an employee's claim for wages against the employer. The Division intervened in the suit between employer and employee. When the employee defaulted, the court found that the Division could proceed with the lawsuit. As assignee of the employee's claim for wages, the state agency had a direct interest in the subject of the litigation, of a nature that required intervention. In effect, the agency was proceeding as a plaintiff against the employer and "had legal title to the claim and the right to sue on it." (Id. at p. 596.) The default of the employee therefore did not preclude the intervener from seeking relief.