C.J.L. Construction, Inc. v. Universal Plumbing

I. Introduction

This case presents the question whether a third party defendant which, pursuant to Witt v. Jackson (1961) 57 Cal.2d 57, 72 [ 17 Cal.Rptr. 369 , 366 P.2d 641 ], seeks to reduce any judgment against it by the amount of workers’ compensation benefits paid to an injured employee, may compel the employer’s participation as a cross-defendant in the employee’s lawsuit. The right to a Witt v. Jackson offset arises when the employee’s injuries were caused by the concurrent negligence of the employer or its agent and the third party. (Ibid.) Given the facts alleged in the amended cross-complaint, we conclude as a matter of law the answer is no. Therefore, in the published portion of this opinion, we affirm the judgment of dismissal and the underlying orders granting the employer’s motion for judgment on the pleadings without leave to amend as to the fourth cause of action. In the unpublished portion of the opinion we reverse the order imposing sanctions on the third party defendant and cross-complainant.

II. Pleadings

Philip Navarette (plaintiff) filed an action against Universal Plumbing (UP), C.J.L. Construction, Inc. (CJL), and Louisville Ladder. Plaintiff…