Siena Court Homeowners Assn. v. Green Valley Corp.

I. INTRODUCTION

Respondent Siena Court Homeowners Association (Siena Court) filed a construction defect action against respondents Green Valley Corporation et al. (Green Valley). Green Valley was the developer of the Siena Court condominium complex. Appellant University Gardens Condominium Owners Association (University Gardens) sought to intervene in the construction defect action on the ground that it had an interest in certain property involved in the dispute, consisting of common facilities (garage, swimming pool, recreational room, landscaping and related utilities) that were jointly used and maintained by Siena Court and University Gardens. The trial court found that intervention would confuse and enlarge the issues and therefore denied University Gardens’s motion for leave to intervene.

On appeal, University Gardens argues that it is entitled to intervene in the construction defect action because its motion satisfied the criteria set forth in Code of Civil Procedure section 387, subdivisions (a) and (b), for permissive and mandatory intervention. For reasons that we will explain, we disagree and therefore we will affirm the order denying University Gardens’s…