Motion for Leave to Intervene
(CA)

Summary

This template is a notice of motion and motion by a nonparty for leave to intervene in a civil action in California superior court as either a plaintiff or defendant. This template includes practical guidance, drafting notes, and an optional clause. For a full listing of key content covering motion practice in California state court litigation, see Motion Practice Resource Kit (CA). For a full listing of key content covering fundamental civil litigation tasks throughout a California state court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (CA). This template requests leave to intervene by noticed motion. A motion to intervene should usually be made by noticed motion; an ex parte application is appropriate only if there is some exigency that requires that the matter not be heard by noticed motion. See Cal. Code Civ. Proc. § 387(c); Allen v. Cal. Water & Tel. Co., 31 Cal. 2d 104, 107–08 (1947). If application is made by ex parte application, it must comply with Cal. Rules of Ct., Rule 3.1200 et seq. For discussion of general requirements for ex parte applications, see Motion Practice: Drafting and Filing Ex Parte Applications (CA). A noticed motion for leave to intervene should comply with the general format and content requirements for noticed motions and other documents filed in court. For discussion, see Motion Practice: Drafting, Serving, and Filing Noticed Motions (CA). See also Formatting Rules in Court Checklist (CA). Like all noticed motions, a motion for leave to intervene should be accompanied by a notice of motion and supporting memorandum. See Cal. Rules of Ct., Rule 3.1112(a), 3.1113. This template combines the notice of motion and motion in the same document, which is a common practice. Some attorneys also prefer to combine the supporting memorandum and declarations in a single document with the motion and notice of motion, which is permitted by the rules as long as the caption for the combined document specifies all the included documents. See Cal. Rules of Ct., Rule 3.1112(c). The proposed complaint in intervention or answer in intervention should also accompany the motion. See Cal. Code Civ. Proc. § 387(c). The motion should set forth the grounds for intervention. See Cal. Code Civ. Proc. § 387(c). The motion set forth in this template seeks mandatory intervention under Cal. Code Civ. Proc. § 387(d)(1) or, in the alternative, permissive intervention under Cal. Code Civ. Proc. § 387(d)(2). In support of the request for mandatory intervention under Cal. Code Civ. Proc. § 387(d)(1)(B), the accompanying memorandum should set forth legal argument, supported by appropriate factual declarations, showing the nature of the proposed intervenor's interest in the subject matter of the action, the reasons why disposition of the action may impair the proposed intervenor's ability to protect that interest, and the reasons why the existing parties do not and cannot adequately protect the proposed intervenor's interests. If a specific statute or other provision of law affords the proposed intervenor an unconditional right to intervene, the statute should be cited and legal argument should be provided to show that the statute applies to the proposed intervenor. See Cal. Code Civ. Proc. § 387(d)(1)(A). In arguing in the alternative that the court should exercise its discretion to grant permissive intervention, the accompanying memorandum and declarations should demonstrate that the proposed intervenor has an interest in the litigation, or in the success of either of the parties, or an interest against both. See Cal. Code Civ. Proc. § 387(d)(2). The memorandum and declarations should further establish that the prospective intervenor has a "direct" interest in the lawsuit, that the intervention will not enlarge issues raised by the original parties, and that the reasons for intervention outweigh any opposition by the parties presently in the action. See, e.g., Siena Court Homeowners Ass'n v. Green Valley Corp., 164 Cal. App. 4th 1416, 1428 (2008). The motion and accompanying documents should be filed with the court and served on all other parties who have appeared in the action. For discussion of filing and service procedures, including a discussion of filing fees, see Filing and Serving Documents Other Than Initial Complaint and Summons (CA). Cal. Code Civ. Proc. § 387(d) provides that the motion for leave to intervene must be "timely" but does not set a specific deadline by which the motion must be filed and served. Generally, though, the motion should be made as soon as possible after the proposed intervenor knew or should have known that the intervenor's interests in the litigation were not being adequately represented. See Lofton v. Wells Fargo Home Mortg., 27 Cal. App. 5th 1001, 1013 (2018); Ziani Homeowners Ass'n v. Brookfield Ziani LLC, 243 Cal. App. 4th 274, 282 (2015) (timeliness not based date on which intervenor knew or should have known about litigation). For further discussion of intervention, see Motion to Intervene: Making and Opposing the Motion (CA).