In his latest Daily Journal column, Manatt appellate Partner Benjamin Shatz examined the Code of Civil Procedure Section 387, which governs court intervention in California, and how it impacts appeals in the state. “As originally enacted in 1872, Section 387 specified that ‘any person may, before trial, intervene’ which courts interpreted to mean that intervention was not permitted at the appellate stage,” Shatz wrote. He went on to describe how social debate and affirmative action litigation in the mid-1970 ultimately led to the rephrasing of the law to permit intervention in trials and appeals if “appropriate and timely.”
Daily Journal subscribers can read the full article here.