Judge: Nathan R. Scott, Case: NQR Corp v. Cal Tex Acquisition IV, Date: 2022-12-23 Tentative Ruling

Intervenor JRC Aliso Viejo LLC’s motion for leave to intervene is granted. (See Code Civ. Proc. § 387.)

Intervenor shall have leave to separately e-file its complaint in intervention within 5 days, which shall be deemed served upon filing.  Separate e-filing is critical to ensure the complaint is properly indexed in the court’s electronic filing system.

Intervenor has shown its interest as title holder to the property “is so situated that the disposition of the action may impair or impede [its] ability to protect that interest,” as plaintiff seeks to compel specific performance of a purchase and sale agreement regarding that property.  (Code Civ. Proc., § 387, subd. (d)(1)(B); see also Intervenor’s 8/26/22 RFJN Exs. 1 & 3.)

While defendant is disputing plaintiff’s claims, defendant no longer has title to the property and thus does not “adequately represent[]” all of intervenor’s interests – most notably, the interest in seeking to expunge the lis pendens clouding intervenor’s title.  (Code Civ. Proc., § 387, subd. (d)(1)(B); see also Intervenor’s 8/26/22 RFJN Ex. 2.)

Intervenor may have waited too long to warrant emergency ex parte relief (see 10/6/22 order), but it is making a reasonably “timely application.”  (Code Civ. Proc., § 387, subd. (d)(1).)  Trial is still 7 months away.

Plaintiff’s objection to intervenor’s 12/16/22 request for judicial notice is granted.  The documents existed when the motion was filed; they should not be offered for the first time on reply. 

Intervenor shall give notice.