De Santiago v. D AND G PLUMBING, INC.

Intervener and appellant Star Insurance Company (Star) appeals from a judgment of dismissal for failing to bring its complaint in intervention to trial within the five-year statutory period. (Code Civ. Proc., §§ 583.310, 583.360.)

Star contends the five-year limitation period did not bar its action because the impracticability exception, based on court congestion, tolled the five-year limitation period. We disagree and affirm the judgment.

1. Facts

Plaintiff Joaquin De Santiago suffered a work-related injury when a coemployee, defendant Daniel Flores, discharged a nail gun and struck De Santiago in his left eye.

On February 2, 2001, De Santiago filed a personal injury complaint against Flores and his employer, D and G Plumbing, Inc. (D&G). De Santiago later added as Doe defendants, MR Development, Inc., doing business as A & M Construction (MR Development) and A & M Framing, Inc.

D&G cross-complained against A & M Framing, Inc., MR Development, and Juan Gabriel Fernandez. MR Development cross-complained against D&G and Flores.

On August 23, 2002, De Santiago’s employer’s worker’s compensation insurance carrier, Star, administered by Gallagher Bassett Services, filed…