Allen v. California Water & Telephone Co.

The city of Coronado, a municipal corporation, appeals from an order vacating a prior order granting it leave to intervene in this action and striking its complaint in intervention from the files.

Section 387 of the Code of Civil Procedure permits intervention “at any time before trial” by “any person, who has an interest in the matter in litigation, or in the success of either of the parties, or an interest against both." The present action was commenced in 1936, the trial began in 1940, and continued over a five-months’ period. Thereafter, various supplemental proceedings and hearings were…