Judge: Colin Leis, Case: 22STCV18325, Date: 2023-11-22 Tentative Ruling

Case Number: 22STCV18325    Hearing Date: November 22, 2023    Dept: 74

Emelina Gomez v. Massie Munroe

Non-Party Nahid Mohammadi’s Motion for Leave to Intervene

The court considered the moving papers. No opposition was timely filed.

BACKGROUND 

            This action arises from a dispute over real property.

            On June 3, 2022, Plaintiff Emelina Gomez (Plaintiff) filed a complaint against Defendant Massie Munroe (Defendant). The complaint alleges causes of action for declaratory relief and action to quiet title.

            On July 21, 2022, Defendant filed a cross complaint against Plaintiff and others. The cross-complaint alleges the following causes of action: quiet title to real property, agreed boundary, adverse possession, trespass, negligence, encroachment, elder financial abuse, and intentional infliction of emotional distress.

            On October 26, 2023, Non-Party Nahid Mohammadi (Non-Party) filed this motion for leave to intervene.

LEGAL STANDARD

            A nonparty has the right to intervene in litigation between others where he or she claims an¿interest relating to the property or transaction¿involved in the litigation, and is so situated that any judgment rendered in his or her absence “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” (Code Civ. Proc., § 387, subd. (B).)

            Additionally, the Court has discretion to permit a nonparty to intervene in litigation pending between others, provided: (1) the nonparty has a “direct and immediate interest in the litigation”; (2) the “intervention will not enlarge the issues in the case”; and (3) the “reasons for intervention outweigh any opposition by the existing parties.” (Truck Ins. Exchange v. Superior Court (1997) 60 Cal.App.4th 342, 346.) “[S]ection 387 should be liberally construed in favor of intervention.” (Simpson Redwood Co. v. Cal. (1987) 196 Cal.App.3d 1192, 1200.)

DISCUSSION

            Non-Party has demonstrated an interest in property related to this litigation. That is, both the complaint and cross-complaint involve a property line dispute. Non-Party has submitted evidence that the property located at 2167 Chevy Chase Drive, Glendale, California (2167 Property) is held in the name of the 2006 Massie Munroe Revocable Trust (Munroe Trust). (Edwards Decl., ¶ 2; Ex. A.) Defendant is the settlor and original trustee of the Munroe Trust, but she died on April 9, 2023. (Mohammadi Decl., ¶ 3; Ex. A.) Non-Party is Defendant’s sister and the successor trustee of the Munroe Trust. (Mohammadi Decl., ¶ 4; Ex. B.) As such, Non-Party needs to intervene in this action on behalf of the Munroe Trust to protect its interest in the 2167 property. A judgment in Non-Party’s absence would compromise her ability to do so.

CONCLUSION

            The court grants Non-Party’s motion for leave to intervene.

            The court will sign the proposed order filed on October 26, 2023.