On Wednesday, the Supreme Court granted review in Fireside Bank v. Superior Court, ___ Cal.App.4th ___ (Oct. 21, 2005). That is the case in which the Court of Appeal (Sixth Appellate District) rejected the defendant's argument that impermissible "one-way intervention" would result if the plaintiff were allowed to seek a merits ruling prior to class certification. My original post on the decision, which discusses "one-way intervention" in more detail, is here. It will be interesting to see what the Supreme Court does. As I observed in my original post, the whole concept of "one-way intervention" originated (at least in California) in two Court of Appeal decisions from the 1970s. The Supreme Court has never before weighed in.
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