South Coast Air Quality Management Dist. v. City of L.A.

California Court of Appeal Nov 4, 2021 No. B310783Published

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Holding. The court held that the trial court did not abuse its discretion in denying a labor union's motion for permissive intervention in an environmental lawsuit, as the union's interests were adequately represented by existing parties and its participation would cause undue complexity.

Issues

Whether the trial court abused its discretion by denying a labor union's motion for permissive intervention under Code of Civil Procedure section 387, subdivision (d)(2).

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The trial court reasonably concluded the Air District’s interest in litigating the case without Union involvement outweighed the Union’s reasons for intervening.”

“It thus was reasonable for the trial court to conclude that Union participation would be largely cumulative and would unduly complicate an already complicated case.”

Filed 11/4/21 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

SOUTH COAST AIR QUALITY B310783 MANAGEMENT DISTRICT, (Los Angeles County Plaintiff and Respondent, Super. Ct. No. 20STCP02985)

CITY OF LOS ANGELES et al.,

Defendants and Respondents;

CHINA SHIPPING (NORTH AMERICA) HOLDING CO., LTD., et al.,

Real Parties in Interest;

INTERNATIONAL LONGSHORE AND WAREHOUSE UNION, LOCALS 13, 63, AND 94,

Movant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, James C. Chalfant, Judge. Affirmed.

SR Holguin, Steven R. Holguin and Marcos R. Holguin for Movant and Appellant. Bayron Gilchrist, Barbara Baird, Veera Tyagi, Josephine Lee and Kathryn Roberts for Plaintiff and Respondent. Meyers Nave, Amrit S. Kulkarni, Julia L. Bond, Shaye Diveley; Office of the City Attorney of Los Angeles, Michael N. Feuer, Janna B. Sidley, Justin M. Houterman and John T. Driscoll for Defendants and Respondents. No appearance for Real Parties in Interest. ____________________ A labor union moved to intervene in an environmental dispute about the Port of Los Angeles. The union is the International Longshore and Warehouse Union, Locals 13, 63, and 94 (the Union). The trial court denied the motion because concerns about expanding the case’s scope outweighed the Union’s interest. We will introduce the many actors and events in this multipolar environmental dispute by using the allegations of the petition filed by South Coast Air Quality Management District (the Air District). Then we explain why denying permissive intervention to the Union was proper. Statutory references are to the Code of Civil Procedure. I The Port of Los Angeles is the busiest seaport in the Western Hemisphere. It is critical for U.S. trade with Asia, and there is a lot of trade with Asia. Within the Port is the China Shipping Container Terminal (the Terminal). The Chinese government owns China Shipping (North America) Holding Co., Ltd. (China Shipping), which leases the Terminal long term from various city entities.

South Coast Air Quality Management Dist. v. City of L.A.

AI Brief

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

INTERNATIONAL LONGSHORE AND WAREHOUSE UNION, LOCALS 13, 63, AND 94,

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