AB 1796: Civil actions: intervention.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2016-06-20
Under existing law, any person who has an interest in a matter in litigation, or in the success of either of the parties, or an interest against both, may intervene in the action or proceeding. Existing law provides that a third person may become a party to an action or proceeding between other persons, either by joining the plaintiff in claiming what is sought by the complaint, uniting with the defendant in resisting the claims of the plaintiff, or demanding anything adversely to both the plaintiff and the defendant, by filing a complaint setting forth the grounds upon which the intervention rests, as specified.
This bill would require that a person permitted seeking to intervene in an action or proceeding, deemed the intervenor, file a complaint, answer, or both, setting forth the grounds upon which the intervention rests. petition the court for leave to intervene by noticed motion or ex parte application setting forth the grounds upon which the intervention rests, and would require the intervenor to include a copy of the proposed complaint in intervention or answer in intervention with the petition. The bill would also require the intervenor to serve the order, or notice of the courts decision or order, granting leave to intervene and the pleadings in intervention on all other parties in the action or proceeding, as specified. The bill would also recast some provisions of existing law and make conforming changes to other provisions of law.
Under existing law, any person who has an interest in a matter in litigation, or in the success of either of the parties, or an interest against both, may intervene in the action or proceeding. Existing law provides that a third person may become a party to an action or proceeding between other persons, either by joining the plaintiff in claiming what is sought by the complaint, uniting with the defendant in resisting the claims of the plaintiff, or demanding anything adversely to both the plaintiff and the defendant, by filing a complaint setting forth the grounds upon which the intervention rests, as specified.
This bill would require that a person permitted to intervene in an action or proceeding, deemed the intervenor, file a complaint, answer, or both, setting forth the grounds upon which the intervention rests, and would rests. The bill would also require the intervenor to serve the order, or notice of the courts decision or order, granting leave to intervene and the pleadings in intervention on all other parties in the action or proceeding, as specified. The bill would also recast some provisions of existing law and make conforming changes to other provisions of law.
Under existing law, any person who has an interest in a matter in litigation, or in the success of either of the parties, or an interest against both, may intervene in the action or proceeding. Existing law provides that a third person may become a party to an action or proceeding between other persons, either by joining the plaintiff in claiming what is sought by the complaint, uniting with the defendant in resisting the claims of the plaintiff, or demanding anything adversely to both the plaintiff and the defendant, by filing a complaint setting forth the grounds upon which the intervention rests, as specified.
This bill would require that a person permitted to intervene file a complaint, answer, or both, setting forth the grounds upon which the intervention rests, and would make conforming changes to other provisions of law.
(a)For purposes of this section:
(1)Defendant includes a cross-defendant.
(2)Plaintiff includes a cross-complainant.
(b)An intervention takes place when a third person person, deemed an intervenor, becomes a party to an action or proceeding between other other persons by doing any of the following:
(1)Joining a plaintiff in claiming what is sought in by the complaint.
(2)Uniting with a defendant in resisting the claims of a plaintiff.
(3)Demanding anything adverse to both a plaintiff and a defendant.
(c)A third person seeking leave of court to intervene in an action or proceeding shall timely do the following:
(1)Set Petition the court for leave to intervene by noticed motion or ex parte application. The petition shall set forth the grounds upon which the intervention rests and attach shall include a copy of a the proposed complaint in intervention, intervention or answer in intervention, or both. intervention.
(2)Serve a copy of the documents submitted to the court in support of the request for intervention on all other parties who have appeared in the action or proceeding in the manner provided by Chapter 5 (commencing with Section 1010) of Title 14 of Part 2. 2, or as prescribed by the California Rules of Court applicable to ex parte applications.
(d)(1)The court shall, upon timely application, permit a third person to intervene in the action or proceeding if either of the following conditions is satisfied:
(A)A provision of law confers an unconditional right to intervene.
(B)The person seeking intervention claims an interest relating to the property or transaction that is the subject of the action and that person is so situated that the disposition of the action may impair or impede that persons ability to protect that interest, unless that persons interest is adequately represented by one or more of the existing parties.
(2)The court may, upon timely application, permit a third person to intervene in the action or proceeding if the person has an interest in the matter in litigation, or in the success of either of the parties, or an interest against both.
(e)If leave to intervene is granted to the court, the intervenor shall do both of the following:
(1)Separately file the complaint in intervention, answer in intervention, or both.
(2)Serve a copy of the order, or the notice of the courts decision or order, granting leave to intervene and the pleadings in intervention on all other parties in the action or proceeding, including any parties who have not appeared, in the same manner for service of summons pursuant to Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2, or in the manner provided by Chapter 5 (commencing with Section 1010) of Title 14 of Part 2.
(f)Within 30 days after service of a complaint in intervention or answer in intervention, a party may move, demur, or otherwise plead to the complaint in intervention or answer in intervention in the same manner as to an original complaint or answer.
(g)This section shall not be construed to prevent a third person from seeking leave of court to intervene by an ex parte application in the manner prescribed by the rules of court adopted by the Judicial Council for ex parte applications.
SEC. 2.Section 1032 of the Code of Civil Procedure is amended to read:1032.(a)As used in this section, unless the context clearly requires otherwise:
(1)Complaint includes a cross-complaint.
(2)Defendant includes a cross-defendant, a person against whom a complaint is filed, or a party who files an answer in intervention.
(3)Plaintiff includes a cross-complainant or a party who files a complaint in intervention.
(4)Prevailing party includes the party with a net monetary recovery, a defendant in whose favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, and a defendant as against those plaintiffs who do not recover any relief against that defendant. If any party recovers other than monetary relief and in situations other than as specified, the prevailing party shall be as determined by the court, and under those circumstances, the court, in its discretion, may allow costs or not and, if allowed, may apportion costs between the parties on the same or adverse sides pursuant to rules adopted under Section 1034.
(b)Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding.
(c)Nothing in this section shall prohibit parties from stipulating to alternative procedures for awarding costs in the litigation pursuant to rules adopted under Section 1034.
SEC. 3.Section 1038 of the Code of Civil Procedure is amended to read:1038.(a)In any civil proceeding under the Government Claims Act (Division 3.6 (commencing with Section 810) of Title 1 of the Government Code) or for express or implied indemnity or for contribution in any civil action, the court, upon motion of the defendant or cross-defendant, shall, at the time of the granting of any summary judgment, motion for directed verdict, motion for judgment under Section 631.8, or any nonsuit dismissing the moving party other than the plaintiff, petitioner, cross-complainant, or intervenor, or at a later time set forth by rule of the Judicial Council adopted under Section 1034, determine whether or not the plaintiff, petitioner, cross-complainant, or intervenor brought the proceeding with reasonable cause and in the good faith belief that there was a justifiable controversy under the facts and law which warranted the filing of the complaint, petition, cross-complaint, or complaint or answer in intervention. If the court should determine that the proceeding was not brought in good faith and with reasonable cause, an additional issue shall be decided as to the defense costs reasonably and necessarily incurred by the party or parties opposing the proceeding, and the court shall render judgment in favor of that party in the amount of all reasonable and necessary defense costs, in addition to those costs normally awarded to the prevailing party. An award of defense costs under this section shall not be made except on notice contained in a partys papers and an opportunity to be heard.
(b)Defense costs, as used in this section, shall include reasonable attorneys fees, expert witness fees, the expense of services of experts, advisers, and consultants in defense of the proceeding, and where reasonably and necessarily incurred in defending the proceeding.
(c)This section shall be applicable only on motion made before the discharge of the jury or entry of judgment, and any party requesting the relief pursuant to this section waives any right to seek damages for malicious prosecution. Failure to make the motion shall not be deemed a waiver of the right to pursue a malicious prosecution action.
(d)This section shall only apply if the defendant or cross-defendant has made a motion for summary judgment, judgment under Section 631.8, directed verdict, or nonsuit and the motion is granted.
(a)Upon timely application, any person who has an interest in the matter in litigation, or in the success of either of the parties, or an interest against both, may intervene in the action or proceeding. An For purposes of this section:
(1)Defendant includes a cross-defendant.
(2)Plaintiff includes a cross-complainant.
(b)An intervention takes place when a third person is permitted to become deemed an intervenor, becomes a party to an action or proceeding between other persons, either by joining the other persons by doing any of the following:
(1)Joining a plaintiff in claiming what is sought by the complaint, or by uniting in the complaint.
(2)Uniting with the a defendant in resisting the claims of the plaintiff, or by demanding a plaintiff.
(3)Demanding anything adversely adverse to both the a plaintiff and the defendant, and is made by complaint, answer, or both, setting forth a defendant.
(c)A third person seeking leave of court to intervene in an action or proceeding shall timely do the following:
(1)Set forth the grounds upon which the intervention rests, filed by leave of the court and served upon the parties to the action or proceeding who have not appeared in the same manner as upon the commencement of an original action, and upon the attorneys of the parties who have appeared, or upon the party if he has appeared without an attorney, in the manner provided for service of summons or in rests and attach a copy of a proposed complaint in intervention, answer in intervention, or both.
(2)Serve a copy of the documents submitted to the court in support of the request for intervention on all other parties who have appeared in the action or proceeding in the manner provided by Chapter 5 (commencing with Section 1010) of Title 14 of Part 2. A party served with a complaint or answer in intervention may within 30 days after service move, demur, or otherwise plead to the complaint or answer in the same manner as to an original complaint or answer.
(b)If any
(d)(1)The court shall, upon timely application, permit a third person to intervene in the action or proceeding if either of the following conditions is satisfied:
(A)A provision of law confers an unconditional right to intervene or if the person intervene.
(B)The person seeking intervention claims an interest relating to the property to or transaction which that is the subject of the action and that person is so situated that the disposition of the action may as a practical matter impair or impede that persons ability to protect that interest, unless that persons interest is adequately represented by one or more of the existing parties, the court shall, upon timely application, permit that person to intervene. parties.
(2)The court may, upon timely application, permit a third person to intervene in the action or proceeding if the person has an interest in the matter in litigation, or in the success of either of the parties, or an interest against both.
(e)If leave to intervene is granted to the court, the intervenor shall do both of the following:
(1)Separately file the complaint in intervention, answer in intervention, or both.
(2)Serve a copy of the order, or the notice of the courts decision or order, granting leave to intervene and the pleadings in intervention on all other parties in the action or proceeding, including any parties who have not appeared, in the same manner for service of summons pursuant to Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2, or in the manner provided by Chapter 5 (commencing with Section 1010) of Title 14 of Part 2.
(f)Within 30 days after service of a complaint in intervention or answer in intervention, a party may move, demur, or otherwise plead to the complaint in intervention or answer in intervention in the same manner as to an original complaint or answer
(g)This section shall not be construed to prevent a third person from seeking leave of court to intervene by an ex parte application in the manner prescribed by the rules of court adopted by the Judicial Council for ex parte applications.
SEC. 2.Section 1032 of the Code of Civil Procedure is amended to read:1032.(a)As used in this section, unless the context clearly requires otherwise:
(1)Complaint includes a cross-complaint.
(2)Defendant includes a cross-defendant, a person against whom a complaint is filed, or a party who files an answer in intervention.
(3)Plaintiff includes a cross-complainant or a party who files a complaint in intervention.
(4)Prevailing party includes the party with a net monetary recovery, a defendant in whose favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, and a defendant as against those plaintiffs who do not recover any relief against that defendant. If any party recovers other than monetary relief and in situations other than as specified, the prevailing party shall be as determined by the court, and under those circumstances, the court, in its discretion, may allow costs or not and, if allowed, may apportion costs between the parties on the same or adverse sides pursuant to rules adopted under Section 1034.
(b)Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding.
(c)Nothing in this section shall prohibit parties from stipulating to alternative procedures for awarding costs in the litigation pursuant to rules adopted under Section 1034.
SEC. 3.Section 1038 of the Code of Civil Procedure is amended to read:1038.(a)In any civil proceeding under the Government Claims Act (Division 3.6 (commencing with Section 810) of Title 1 of the Government Code) or for express or implied indemnity or for contribution in any civil action, the court, upon motion of the defendant or cross-defendant, shall, at the time of the granting of any summary judgment, motion for directed verdict, motion for judgment under Section 631.8, or any nonsuit dismissing the moving party other than the plaintiff, petitioner, cross-complainant, or intervenor, or at a later time set forth by rule of the Judicial Council adopted under Section 1034, determine whether or not the plaintiff, petitioner, cross-complainant, or intervenor brought the proceeding with reasonable cause and in the good faith belief that there was a justifiable controversy under the facts and law which warranted the filing of the complaint, petition, cross-complaint, or complaint or answer in intervention. If the court should determine that the proceeding was not brought in good faith and with reasonable cause, an additional issue shall be decided as to the defense costs reasonably and necessarily incurred by the party or parties opposing the proceeding, and the court shall render judgment in favor of that party in the amount of all reasonable and necessary defense costs, in addition to those costs normally awarded to the prevailing party. An award of defense costs under this section shall not be made except on notice contained in a partys papers and an opportunity to be heard.
(b)Defense costs, as used in this section, shall include reasonable attorneys fees, expert witness fees, the expense of services of experts, advisers, and consultants in defense of the proceeding, and where reasonably and necessarily incurred in defending the proceeding.
(c)This section shall be applicable only on motion made before the discharge of the jury or entry of judgment, and any party requesting the relief pursuant to this section waives any right to seek damages for malicious prosecution. Failure to make the motion shall not be deemed a waiver of the right to pursue a malicious prosecution action.
(d)This section shall only apply if the defendant or cross-defendant has made a motion for summary judgment, judgment under Section 631.8, directed verdict, or nonsuit and the motion is granted.
(a)Upon timely application, any person, person who has an interest in the matter in litigation, or in the success of either of the parties, or an interest against both, may intervene in the action or proceeding. An intervention takes place when a third person is permitted to become a party to an action or proceeding between other persons, either by joining the plaintiff in claiming what is sought by the complaint, or by uniting with the defendant in resisting the claims of the plaintiff, or by demanding anything adversely to both the plaintiff and the defendant, and is made by complaint, answer, or both, setting forth the grounds upon which the intervention rests, filed by leave of the court and served upon the parties to the action or proceeding who have not appeared in the same manner as upon the commencement of an original action, and upon the attorneys of the parties who have appeared, or upon the party if he has appeared without an attorney, in the manner provided for service of summons or in the manner provided by Chapter 5 (commencing with Section 1010) Title 14 of Part 2. A party served with a complaint or answer in intervention may within 30 days after service move, demur, or otherwise plead to the complaint or answer in the same manner as to an original complaint or answer.
(b)If any provision of law confers an unconditional right to intervene or if the person seeking intervention claims an interest relating to the property to transaction which is the subject of the action and that person is so situated that the disposition of the action may as a practical matter impair or impede that persons ability to protect that interest, unless that persons interest is adequately represented by existing parties, the court shall, upon timely application, permit that person to intervene.
SEC. 2.Section 1032 of the Code of Civil Procedure is amended to read:1032.(a)As used in this section, unless the context clearly requires otherwise:
(1)Complaint includes a cross-complaint.
(2)Defendant includes a cross-defendant or, a person against whom a complaint is filed. filed, or a party who files an answer in intervention.
(3)Plaintiff includes a cross-complainant or a party who files a complaint in intervention.
(4)Prevailing party includes the party with a net monetary recovery, a defendant in whose favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, and a defendant as against those plaintiffs who do not recover any relief against that defendant. When If any party recovers other than monetary relief and in situations other than as specified, the prevailing party shall be as determined by the court, and under those circumstances, the court, in its discretion, may allow costs or not and, if allowed, may apportion costs between the parties on the same or adverse sides pursuant to rules adopted under Section 1034.
(b)Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding.
(c)Nothing in this section shall prohibit parties from stipulating to alternative procedures for awarding costs in the litigation pursuant to rules adopted under Section 1034.
SEC. 3.Section 1038 of the Code of Civil Procedure is amended to read:1038.(a)In any civil proceeding under the Government Claims Act (Division 3.6 (commencing with Section 810) of Title 1 of the Government Code) or for express or implied indemnity or for contribution in any civil action, the court, upon motion of the defendant or cross-defendant, shall, at the time of the granting of any summary judgment, motion for directed verdict, motion for judgment under Section 631.8, or any nonsuit dismissing the moving party other than the plaintiff, petitioner, cross-complainant, or intervenor, or at a later time set forth by rule of the Judicial Council adopted under Section 1034, determine whether or not the plaintiff, petitioner, cross-complainant, or intervenor brought the proceeding with reasonable cause and in the good faith belief that there was a justifiable controversy under the facts and law which warranted the filing of the complaint, petition, cross-complaint, or complaint or answer in intervention. If the court should determine that the proceeding was not brought in good faith and with reasonable cause, an additional issue shall be decided as to the defense costs reasonably and necessarily incurred by the party or parties opposing the proceeding, and the court shall render judgment in favor of that party in the amount of all reasonable and necessary defense costs, in addition to those costs normally awarded to the prevailing party. An award of defense costs under this section shall not be made except on notice contained in a partys papers and an opportunity to be heard.
(b)Defense costs, as used in this section, shall include reasonable attorneys attorneys fees, expert witness fees, the expense of services of experts, advisers, and consultants in defense of the proceeding, and where reasonably and necessarily incurred in defending the proceeding.
(c)This section shall be applicable only on motion made prior to before the discharge of the jury or entry of judgment, and any party requesting the relief pursuant to this section waives any right to seek damages for malicious prosecution. Failure to make the motion shall not be deemed a waiver of the right to pursue a malicious prosecution action.
(d)This section shall only apply if the defendant or cross-defendant has made a motion for summary judgment, judgment under Section 631.8, directed verdict, or nonsuit and the motion is granted.
|
Date
|
Status
|
|---|---|
| Feb 4, 2016 | Read first time. To print. |
| Feb 5, 2016 | From printer. May be heard in committee March 6. |
| Feb 18, 2016 | Referred to Com. on JUD. |
| Mar 10, 2016 | From committee: Amend, and do pass as amended. To Consent Calendar. (Ayes 9. Noes 0.) (March 8). |
| Mar 14, 2016 | Read second time and amended. Ordered returned to second reading. |
| Mar 15, 2016 | Read second time. Ordered to Consent Calendar. |
| Mar 17, 2016 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Mar 17, 2016 | Read third time. Passed. Ordered to the Senate. (Ayes 65. Noes 0. Page 3979.) |
| Mar 31, 2016 | Referred to Com. on JUD. |
| Jun 9, 2016 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Jun 15, 2016 | In committee: Set, second hearing. Hearing canceled at the request of author. |
| Jun 20, 2016 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD. |
| Jun 22, 2016 | In committee: Set, final hearing. Hearing canceled at the request of author. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Mar 17, 2016 | AB 1796 WILK Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Mar 8, 2016 | Do pass as amended. To Consent Calendar. | Assembly Standing Committee on Judiciary |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
Date of Hearing: March 8, 2016
ASSEMBLY COMMITTEE ON JUDICIARY
Mark Stone, Chair
ABPCA Bill Id:AB 1796
Author:(Wilk) – As Introduced Ver:February 4, 2016
PROPOSED CONSENT (As Proposed to be Amended)
SUBJECT: CIVIL ACTIONS: INTERVENTION
KEY ISSUE: SHOULD A NON-CONTROVERSIAL LITIGATION PRACTICE, WHICH ALLOWS A PERSON SEEKING TO INTERVENE IN AN ONGOING LAWSUIT THE OPTION TO FILE AN ANSWER-IN-INTERVENTION, RATHER THAN A COMPLAINT-IN-INTERVENTION, BE CODIFIED?
SYNOPSIS
Currently, a person who is not party to an existing lawsuit but wants to join that lawsuit applies for intervention – a procedural mechanism which generally allows a third person to either join a plaintiff or a defendant in an ongoing legal action. After a court grants the intervention, the intervenor pleads by filing a complaint-in-intervention. However, since filing a complaint is normally associated with a plaintiff, the current intervention pleading method (i.e. complaint-in-intervention) makes it difficult for the existing parties to determine which side the intervenor has joined.
This non-controversial bill merely allows intervenors the option of filing an alternative intervention pleading: an answer-in-intervention. By codifying an existing practice, this bill provides clarity to existing law and makes it easier for parties to locate specific pleadings when searching through the court’s documents. This bill also makes technical and clarifying amendments intended to clean-up a code section that has not been amended since 1977. The bill is sponsored by the Conference of California Bar Associations, and has received no opposition.
SUMMARY: Allows a party seeking to intervene the option of filing an answer-in-intervention, rather than a complaint-in-intervention. Specifically, this bill:
- Provides that a person seeking to intervene shall timely seek leave of court by setting forth the grounds upon which the intervention rests and by lodging a complaint, an answer, or both.
- Provides that the service of pleadings after the court has granted leave to intervene includes a copy of the order granting intervention, or a notice of the court’s decision or order.
- Makes other technical and conforming changes.
EXISTING LAW:
- Provides that upon timely application, any person who has an interest in the matter in litigation, or in the success of either of the parties, or an interest against both, may intervene in the action or the proceeding. (Code of Civil Procedure Section 387. All further references are to this code unless otherwise stated.)
- Provides that an intervention takes place when a third person is permitted to become a party to an action or proceeding between other persons, either by joining the plaintiff in claiming what is sought by the complaint, or by uniting with the defendant in resisting the claims of the plaintiff, or by demanding anything adversely to both the plaintiff and the defendant. Provides that the intervention is made by complaint, setting forth the grounds upon which the intervention rests, filed by leave of the court and served upon the parties, as provided. (Section 387(a).)
- Provides that a party served with a complaint in intervention may within 30 days after service move, demur, or otherwise plead to the complaint in the same manner as to an original complaint. (Id.)
- Requires a court, upon timely application, to permit a person to intervene if any provision of law confers an unconditional right to intervene or if the person seeking intervention claims an interest relating to the property or transaction which is the subject of the action and that person is so situated that the disposition of the action may as a practical matter impair or impede that person’s ability to protect that interest, unless that person’s interest is adequately represented by existing parties. (Section 387(b).)
- Provides that a plaintiff includes a cross-complainant or a party who files a complaint in intervention, and that a defendant includes a cross-defendant, or a person against whom a complaint is filed. (Section 1032.)
FISCAL EFFECT: As currently in print this bill is keyed non-fiscal.
COMMENTS: In a civil case, a lawsuit might begin when a plaintiff files a complaint against a defendant and alleges (or pleads) facts and causes of action. Then, the defendant files an answer to that complaint, outlining (or pleading) defenses or admissions to those allegations. As this lawsuit proceeds, a third person—who is not a party to the lawsuit—may determine that the lawsuit affects him or her, and that he or she needs to participate in the action to protect his or her rights. To do so, the person asks the court to join or intervene in the lawsuit. If the court grants the request, the person must file pleadings, and the lawsuit continues with an additional party.
Intervention is a procedural mechanism that allows a third person to join an existing legal action. The main purpose of intervention is to prevent delay and discourage the multiplicity of lawsuits by creating an opportunity for those who are directly affected in the subject matter to join an action that has already been instituted. (Belt Casualty Co. v. Furman (1933) 218 Cal. 359, 362.)
Generally, in order to intervene, the third person must request permission from the court, and demonstrate why he or she should be allowed to intervene. If permitted to intervene, the third person may join the plaintiff, the defendant, or sometimes, take a position that is adverse to both parties. Under current law, an intervening person pleads by filing a complaint-in-intervention, even if the intervening person is joining the defendant.
According to the author, requiring an intervenor who is aligned with the defendant to file a complaint-in-intervention – a pleading normally associated with a plaintiff, creates confusion as to the posture of the intervenor.
This modest bill merely allows a person who seeks to intervene in a pending action the option of pleading with an answer-in-intervention, rather than a complaint-in-intervention. According to the author and the sponsors of the bill, this will help eliminate the confusion over the status of an intervenor in a civil action by specifying that the intervening party’s pleadings be clearly designated as either a complaint-in-intervention, or an answer-in-intervention.
An answer-in-intervention is not new; California courts have long recognized that parties seeking to intervene may file an answer-in-intervention. (See People v. Rath Packing Co. (1978) 85 Cal. App. 3d 308, 317; Fuller v. San Bernardino Valley Municipal Water Dist. (1966) 242 Cal. App. 2d 52, 55; California Bank v. Stimson (1949) 89 Cal. App. 2d 552, 553; Miller v. Pierce (1944) 66 Cal. App. 2d 126, 130.) Since an answer-in-intervention already exists at common law, this bill will merely codify this well-established practice.
There is, however, value in codifying this practice. This bill provides clarity to intervening parties on the available pleading methods, particularly unrepresented parties who may be unfamiliar with intervention. Moreover, by establishing this practice in law, this bill should make it easier for parties to locate specific pleadings when searching through the court’s records. This bill also codifies a best practice where the service of pleadings after the court has granted leave to intervene includes a copy of the order granting intervention, or a notice of the court’s decision or order.
Although a complaint and an answer operate differently procedurally, this bill does not seek to affect the rights of intervening parties. For example, an intervening person who files an answer-in-intervention could still file a demurrer under the Code of Civil Procedure. By providing an answer-in-intervention, this bill simply provides additional clarity to the statute. To that end, this bill, as proposed to be amended, also makes technical and clarifying amendments intended to clean-up a code section that has not been amended since 1977.
REGISTERED SUPPORT / OPPOSITION:
Support
Conference of California Bar Associations (sponsor)
Opposition
None on file
Analysis Prepared by: Eric Dang / JUD. / (916) 319-2334
Bill Author
Bill Co-Author(s):
