Opinion
No C 09-0284 VRW.
April 16, 2010
ORDER
On November 12, 2009, lien claimant Costco Wholesale Corporation ("Costco") filed an application for lien under California Labor Code section 3856. Doc #26. In response to Costco's application, the court ordered plaintiff to show cause why the court, in the event of judgment for the plaintiff and after ordering payment pursuant to section 3856(b), should not allow as a first lien against the amount of such judgment for damages the amount of Costco's expenditures for compensation together with any amounts to which it may be entitled as special damages under section 3852. Doc #27. On February 11, 2010, plaintiff filed a response to the court's order to show cause, conceding that "Costco may assert a lien," but arguing that "Costco's application is premature" under Cal Labor Code section 3856(b) and Ellis v Wells Mfg, Inc, 216 Cal App 3d 312 (6th Dist 1989). Doc #28.
After it received plaintiff's response, the court provided Costco an opportunity to reply. Doc #30. Costco, however, declined to do so by the deadline imposed by the court.
Having considered the matter and for the reasons stated in plaintiff's opposition, Doc #28, the court DECLINES TO RULE on Costco's application until after a judgment or settlement is reached in this matter.
IT IS SO ORDERED.