People Ex Rel. State Lands Commission v. City of Long Beach

Appellant hereinafter referred to as “Whitson” appeals from two orders denying him leave to intervene in the within action. The first such order granted an ex parte motion to vacate and set aside a prior ex parte order allowing Whitson to intervene. The second order denied his application for leave to intervene, made on notice.

On July 26, 1957, plaintiff, the People of the State of California, filed a “Complaint for Declaratory Relief and to Quiet Title” to certain tide and submerged lands. This case involved the interpretation and legal effect of a quitclaim deed of October 15, 1932, from the city of Long Beach to the State of California. Subsequently defendant filed its answer and cross-complaint with the plaintiff’s answer thereto following. A pretrial conference was held and after several continuances the trial of the case commenced on November 24, 1959. Certain documents were received in evidence and the trial was thereupon continued to January 18, 1960. The minute order stated in part: “In the event that counsel are able to present the matter by Briefs at that time, no further hearing shall be had, and cause shall be deemed submitted.” The only additional evidence received…