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FAIRMONT INS. CO. v. FRANK

Docket No. G014805.

42 Cal.App.4th 457 (1996)

49 Cal. Rptr.2d 670

FAIRMONT INSURANCE COMPANY, Plaintiff, v. RICHARD FRANK, Defendant and Respondent; RONALD K. PHELPS, Intervener and Appellant.

Court of Appeals of California, Fourth District, Division Three.

February 2, 1996.

Attorney(s) appearing for the Case

COUNSEL

Donald J. Townley and Eleanor Miller for Intervener and Appellant.

Hill, Genson, Even, Crandall & Wade and James A. Teel for Defendant and Respondent.

OPINION

RYLAARSDAM, J.

May plaintiff intervene in his workers' compensation carrier's action, which was filed separately, after his own action was dismissed for failure to diligently prosecute? We hold he may not.

STATEMENT OF FACTS

Plaintiff and appellant Ronald K. Phelps (Phelps) was involved in a motor vehicle accident with Richard Frank (Frank) while in the course and scope of plaintiff's employment. He received...

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