Motion to Intervene California

Under Code of Civil Procedure section 387, subdivision (b), the trial court must grant a timely request to intervene when a person claims an interest relating to the property or transaction that is the subject of the action, and the person is so situated that disposition of the action may, as a practical matter, impair or impede the person's ability to protect its interest, unless the person's interest is adequately represented by existing parties. (Code Civ. Proc., 387, subd. (b); see generally Hodge v. Kirkpatrick Development, Inc. (2005) 130 Cal.App.4th 540, 547-555.) In Mallick v. Superior Court (1979) 89 Cal.App.3d 434 , the court held that, in appropriate cases, intervention may be granted "at any time, even after judgment." (Id. at p. 437.) The Mallick court further stated, "Since the issue of intervention is not a matter 'embraced in or affected by the judgment' the trial court is not deprived of its jurisdiction pursuant to the 'stay' provisions of Code of Civil Procedure section 916 when an appeal is perfected." (Id. at p. 438.) As noted, in appropriate cases, intervention may be granted "at any time, even after judgment." (Mallick, supra, 89 Cal.App.3d at p. 438.) However, delay may be cause for denial of a motion to intervene. (Allen v. California Water & Tel. Co. (1947) 31 Cal.2d 104, 108.)