Judge: Malcolm Mackey, Case: 22STCV34728, Date: 2023-03-01 Tentative Ruling

Case Number: 22STCV34728    Hearing Date: March 1, 2023    Dept: 55

CIVIL RIGHTS DEPT. v. DELUKE,                                             22STCV34728

Hearing Date:  3/1/23,  Dept. 55.

#6:   MOTION TO INTERVENE.

Notice:  Okay

No Opposition

MP:  Proposed Intervenor ABDIFATAH ABDULLAHI.

RP:  

Summary

On 10/31/22, Plaintiff California CIVIL RIGHTS DEPARTMENT filed a CIVIL RIGHTS COMPLAINT for INJUNCTIVE, DECLARATORY, and MONETARY RELIEF, alleging that Defendant, as lessor, subjected tenant Mr. Abdullahi to the threat of violence, discrimination, harassment, and retaliation, because of his race.

MP Positions

Moving party requests an order permitting Mr. Abdullahi to intervene as Plaintiff, on grounds including the following:

·         Proposed Intervenor as real party in interest seeks to bring the same causes of action as the Plaintiff public entity.

·         Plaintiff will not oppose the intervention.

·         Aggrieved parties may intervene as of right in this action pursuant to Government Code §§ 12981 and 12989.1.

·         The request satisfies Code of Civil Procedure §387(b).

·         Defendants’ unlawful violence or intimidation and threats of violence, discrimination, harassment, and retaliation of  proposed Intervenor, was because of his race, throughout the course of his tenancy at 2920 Clarissa Court, Lemon Grove.

Tentative Ruling

The motion is granted.

The proposed Complaint-In-Intervention, filed as exhibit A to the motion, may be served and filed, as a separate document, within 10 days.

“Right of intervention: Any person aggrieved with respect to the issues to be determined in a § 12989.1 civil action may intervene in the action.”  Cal. Prac. Guide Landlord-Tenant (The Rutter Group 2022)  § 2:671.7 [citing Gov.C. § 12989.1(b)].

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