Employment Law Blog

Filter:  Smith v. Marsh

Intervention and Substantially Similar Actions

An applicant may intervene as of right pursuant to FRCP 24(a) if the following elements are satisfied: (1) the motion must be timely; (2) the applicant must have a “significant protectable interest” relating to the property or transaction which is the subject of the action; (3) the applicant must be situated such that disposition of the action may as a practical matter impair or impede its ability to protect that interest; and (4) the applicant’s interest must be inadequately represented by the parties to the action. Smith v. Marsh, 194 F.3d 1045, 1049 (9th Cir.1999). The Court must interpret the rule broadly in favor of intervention. Forest Conservation Council v. U.S. Forest Serv., 66 F.3d 1489, 1493 (9th Cir.1995); see also Widjaja v. YUM! Brands, Inc., Case No CV-F-09-1074 OWW-DLB, 2009 WL 3462040 (E.D.Cal. Oct. 22, 2009).