Section § 387

Explanation

In California, a nonparty can become involved in a lawsuit through a process called intervention. This means someone who is not originally part of the case can join either to support the plaintiff, join the defendant, or seek something against both. To do this, they need to file a request with the court, explaining why they should join. The court will allow intervention if a law gives them the right automatically or if the person's interest might be impacted by the case's outcome. If the court agrees, the new party must file their legal documents and notify everyone involved in the case. Existing parties have 30 days to respond to this new involvement.

(a)CA Civil Procedure Code § 387(a) For purposes of this section:
(1)CA Civil Procedure Code § 387(a)(1) “Defendant” includes a cross-defendant.
(2)CA Civil Procedure Code § 387(a)(2) “Plaintiff” includes a cross-complainant.
(b)CA Civil Procedure Code § 387(b) An intervention takes place when a nonparty, deemed an intervenor, becomes a party to an action or proceeding between other persons by doing any of the following:
(1)CA Civil Procedure Code § 387(b)(1) Joining a plaintiff in claiming what is sought by the complaint.
(2)CA Civil Procedure Code § 387(b)(2) Uniting with a defendant in resisting the claims of a plaintiff.
(3)CA Civil Procedure Code § 387(b)(3) Demanding anything adverse to both a plaintiff and a defendant.
(c)CA Civil Procedure Code § 387(c) A nonparty shall petition the court for leave to intervene by noticed motion or ex parte application. The petition shall include a copy of the proposed complaint in intervention or answer in intervention and set forth the grounds upon which intervention rests.
(d)Copy CA Civil Procedure Code § 387(d)
(1)Copy CA Civil Procedure Code § 387(d)(1) The court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if either of the following conditions is satisfied:
(A)CA Civil Procedure Code § 387(d)(1)(A) A provision of law confers an unconditional right to intervene.
(B)CA Civil Procedure Code § 387(d)(1)(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 person’s ability to protect that interest, unless that person’s interest is adequately represented by one or more of the existing parties.
(2)CA Civil Procedure Code § 387(d)(2) The court may, upon timely application, permit a nonparty 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)CA Civil Procedure Code § 387(e) If leave to intervene is granted by the court, the intervenor shall do both of the following:
(1)CA Civil Procedure Code § 387(e)(1) Separately file the complaint in intervention, answer in intervention, or both.
(2)CA Civil Procedure Code § 387(e)(2) Serve a copy of the order, or notice of the court’s decision or order, granting leave to intervene and the pleadings in intervention as follows:
(A)CA Civil Procedure Code § 387(e)(2)(A) A party to the action or proceeding who has not yet appeared shall be served 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.
(B)CA Civil Procedure Code § 387(e)(2)(B) A party who has appeared in the action or proceeding, whether represented by an attorney or not represented by an attorney, shall be served 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)CA Civil Procedure Code § 387(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.

Section § 388

Explanation

If you're involved in a lawsuit that deals with pollution or environmental issues affecting the public and it's not just about money, you need to provide a copy of your lawsuit documents to the California Attorney General within 10 days of filing them.

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.