Discretion Abused When Intervenor Relied on Court

On December 27, the Fourth Appellate District, Division Three, chastised the Orange County Superior Court for essentially denying an intervenor the right to proceed when the intervenor relied upon local court practice that deviated from written state law. In Lohnes v. Astron Computer Products (G025519, 12/27/01), intervenor filed a Complaint in Intervention two and a half months before trial. Plaintiff shortly thereafter dismissed and defendant then moved to strike the Complaint in Intervention for failure to seek leave of court pursuant to Code of Civil Procedure 387. The court granted the m...