What is the threshold requirement for a party to seek permissive intervention in a personal injury case?

"Under the Code of Civil Procedure, intervention must be sought 'upon timely application,' whether intervention being sought is as of right or merely permissive. [Citation.]" (Northern Cal. Psychiatric Society v. City of Berkeley (1986) 178 Cal.App.3d 90, 109.) Thus, a threshold requirement for any motion to intervene is timeliness. (Ibid.)

A party may seek permissive intervention under section 387, subdivision (a). "The trial court has discretion to permit a nonparty to intervene where (1) the proper procedures have been followed, (2) the nonparty has a direct and immediate interest in the action, (3) the intervention will not enlarge the issues in the litigation, and (4) the reasons for the intervention outweigh any opposition by the parties presently in the action. [Citation.]" (Chavez v. Netflix, Inc. (2008) 162 Cal.App.4th 43, 51.)

Mandatory intervention is governed by section 387, subdivision (b). Under this provision:

Page 7