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Senate Bill 750 (Holden-1977)

Chapter 450, Statutes of 1977

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The following brief digest of Senate Bill 750 is contained in the Enrolled Bill Memorandum to Governor:

This bill would specify that a court must upon timely application permit a person to intervene if any provision of law confers an unconditional right to intervene or if that person claims an interest relating to the action and if the disposition of the action may impair or impede that person’s ability to protect that interest, unless that person’s interest is represented by existing parties.
(See Exhibit #9, document PE-1)

The analysis of the Senate Committee on Judiciary notes that the purpose of the bill is “to ensure that certain third party rights will be protected.” (See Exhibit #3, page 1) This same analysis goes on to indicate that the bill “would incorporate the language of FRCP [Federal Rule of Civil Procedure] 24(a) into C.C.P. Sec. 387.” (Id. at page 2)

An Enrolled Bill Report prepared by the Governor’s Legal Affairs office states the following regarding Senate Bill 750:

Third parties would be insured the right to intervene in cases that affect their interests. In Bakke v. Regents of the University of California and DeRonde v. Regents of the University of California, civil rights groups, women’s groups, and minority groups were denied intervention, though they asserted that the University did not truly and adequately represent their interests. This bill would allow third parties such as these to provide arguments and evidence upon which the court can base a more informed and equitable ruling.
(See Exhibit #9, document PE-3)

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