SECTIONS 387-388 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 387-388

387. (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 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, 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 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.
(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 person's
ability to protect that interest, unless that person's interest is
adequately represented by existing parties, the court shall, upon
timely application, permit that person to intervene.

388. In an action brought by a party for relief of any nature other
than solely for money damages where a pleading alleges facts or
issues concerning alleged pollution or adverse environmental effects
which could affect the public generally, the party filing the
pleading shall furnish a copy to the Attorney General of the State of
California. The copy shall be furnished by the party filing the
pleading within 10 days after filing.