Example Example

A team of workers were injured on the job, allegedly due to the negligence of a third-party contractor. Big Insurance Co. paid the workers’ compensation benefits, then attempted to file a subrogation action against the contractor in small claims court. The small claims clerk properly refused to accept the filing because Big Insurance Co. is an assignee and thus must file the action in the general civil department of the superior court. [See Allianz Insurance Co. v Municipal Court (Donohue) (1981) 126 CA3d 1043, 1046–1047.]

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