Leonard Corp. v. City of San Diego

Plaintiffs and respondents, Leonard Corporation and Liston Corporation, owners and builders, brought this declaratory relief action against the City of San Diego, a municipal corporation, involving a zoning dispute over certain lands denominated Point Loma Estates Unit No. 3, terminating January 16, 1961 in a judgment for the owners and builders, Leonard Corporation and Liston Corporation, without the adjacent landowners in the subdivision known as Point Loma Estates Unit No. 2 being joined. On March 13, 1961, a few months after the judgment, but before it became final, interveners and appellants, the adjacent landowners, Frank R. Wilkinson and wife, individually and in a claimed representative capacity of the other landowners, filed motions as interveners, asking that plaintiffs be compelled to join them as interveners, either on the grounds that they were indispensable parties or conditionally necessary parties under Code of Civil Procedure, section 389. This and other motions were denied and the interveners appeal from the following orders: (1) Order denying motion for an order directing plaintiffs to join interveners as parties to the action. (2) Order denying motion to vacate…