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City and County of San Francisco v. State

California Court of Appeal

27 Cal. Rptr. 3d 722 (2005)

Relevant factsFree

After San Francisco (plaintiff) began issuing marriage licenses to same-sex couples and filed suit to have California's opposite-sex marriage statutes declared unconstitutional, the Proposition 22 Legal Defense and Education Fund (Fund) — a group formed roughly a year after voters passed Proposition 22 to help enforce it, whose board included Proposition 22 campaign supporters — moved to intervene in the City's litigation, even though it had also filed its own separate suit challenging the City's actions. The trial court denied intervention, and the Fund appealed.

IssueFree

Whether a nonparty may intervene in litigation only if the nonparty has a direct and immediate interest in the litigation.

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