Wagner

Appellant Superior National Insurance Company contends the court abused its discretion in dismissing its complaint in intervention in a personal injury action by plaintiff Linda M. Wagner against defendant/ respondent Mary Joyce Rios under Code of Civil Procedure section 583.410.

Procedural History and Facts

On January 21, 1987, Wagner filed a personal injury action against respondent arising from a 1986 automobile accident. On February 11, 1987, appellant, Wagner’s workers’ compensation insurer, filed its complaint in intervention for reimbursement of benefits provided to Wagner. Respondent’s answer to Wagner’s complaint was served in April 1987. In December 1987 the court ordered the case to mandatory arbitration. (§ 1141.10 et seq.) In March 1988 the parties appeared for arbitration, but the case was dropped from arbitration after Wagner represented her medical condition was not stable. The following month the case was dropped from the civil active list by agreement of all parties. In September 1989 appellant participated in one deposition and exchanged interrogatories with one of the other parties, who is not identified.

On November 2, 1990, the trial court, on its…