Simpson Redwood Co. v. State of California

John B. Clark, James E. Harrington, A. Robert Rosin and Pettit & Martin for Intervener and Appellant.

Alson R. Kemp, Jr., Randolf J. Rice, Kevin M. Fong and Pillsbury, Madison & Sutro for Plaintiff and Respondent.

OPINION

NEWSOM, J.

Respondent Simpson Lumber Company (hereafter Simpson) initiated this action by filing a complaint to quiet title and for declaratory relief against the State of California (hereafter the State), seeking title to specified parcels of real property located in Humboldt County in Township 12 North, Range 1 East, Humboldt Meridian. Promptly thereafter, appellant Save-The-Redwoods League (hereafter appellant or the League) filed a motion for leave to intervene (Code Civ. Proc., § 387, subd. (a)) in the action, asserting an interest in the old growth redwood forest sought by Simpson in its complaint. While appellant's motion was pending, the State and Simpson each filed a motion for summary judgment. All motions were heard at a consolidated hearing and ultimately denied.

This appeal followed, contesting only the propriety of the trial court's order denying appellant's motion to intervene. Subsequently, we granted appellant's request for a writ of…