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CITY AND COUNTY OF SAN FRANCISCO v. STATE

No. A106760.

27 Cal.Rptr.3d 722 (2005)

128 Cal.App.4th 1030

CITY AND COUNTY OF SAN FRANCISCO, Plaintiff and Respondent, v. STATE of California, et al., Defendants and Respondents; Proposition 22 Legal Defense and Education Fund, Movant and Appellant. Lancy Woo, et al., Plaintiffs and Respondents, v. Bill Lockyer, Defendants and Respondents; Proposition 22 Legal Defense and Education Fund, Movant and Appellant.

Court of Appeals of California, First District, Division 3.

Review Denied July 20, 2005.

Attorney(s) appearing for the Case

Alliance Defense Fund Law Center, Robert H. Tyler; Law Offices of Terry L. Thompson and Terry L. Thompson; Law Offices of Andrew P. Pugno and Andrew P. Pugno for Movant and Appellant.

Dennis J. Herrera, City Attorney, Therese M. Stewart, Chief Deputy City Attorney and Sherri Skoland Kaiser, Deputy City Attorney; Howard, Rice, Nemerovski, Canady, Falk & Rabkin, Bobbie J. Wilson, Pamela K. Fulmer and Amy Margolin for Plaintiff and Respondent City and County of San Francisco.

Heller Ehrman White & McAuliffe LLP, Stephen V. Bomse, Richard DeNatale, Christopher F. Stoll and Ryan R. Tacorda; National Center for Lesbian Rights, Shannon Minter and Courtney Joslin; Lambda Legal Defense and Education Fund, Jon W. Davidson and Jennifer C. Pizer; ACLU Foundation of Southern California, Peter J. Eliasberg; ACLU Foundation of Northern California, Christine P. Sun and Alan L. Schlosser; Steefel, Levitt & Weiss, Clyde J. Wadsworth and Dena L. Narbaitz; Law Office of David C.Codell and David C.Codell for Plaintiffs and Respondents Woo et al.

McGUINESS, P.J.

In a case challenging the legality of an initiative enacted by California voters, does an organization created to defend the initiative have a sufficiently direct and immediate interest in the litigation to require that it be permitted to intervene under Code of Civil Procedure section 387, subdivision (a)? Here, one such organization, the Proposition 22 Legal Defense and Education Fund (Fund), argues...

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