Am. Cargo Express, Inc. v. Superior Court of Sacramento Cnty.

*148 The California Self-Insurers' Security Fund (SISF) assumed the workers' compensation obligations of Mainstay Business Solutions (Mainstay), a temporary staffing and employee leasing business, when Mainstay defaulted on its obligations to self-insure. SISF then sued Mainstay, Mainstay's clients and others to recover its costs and liabilities. Among other things, the trial court granted SISF's motion for judgment on the pleadings against Mainstay's clients, finding that SISF stated a cause of action under *149 Labor Code section 3744, subdivision (c), 1 that section 3602, subdivision (d) did not constitute a defense thereto, and that SISF's cause of action was not subject to the exclusive jurisdiction of the Workers' Compensation Appeals Board (Appeals Board). Mainstay's *859 clients filed a petition for writ of mandate and/or prohibition in this court challenging the trial court's order.

As a threshold procedural matter, SISF contends (1) writ review is not appropriate because the main issue presented has been rendered moot by the enactment of section 3701.9. On the merits, Mainstay's clients contend (2) SISF's claim is subject to the exclusive remedy provisions of the…