John Branca v. Howard Mann, 2:11-cv-00584

Petitioners are private investigators contracted by Vaccaro Defendants for asset location, with a 14% compensation and a lien on recovered property.
Petitioners allege they incurred over $100,000 in expenses and located a 200-square-foot Oxnard storage facility tied to the Jackson family assets.
Current action concerns alleged misappropriation of Michael Jackson intellectual property and related copyright and branding claims by defendants.
Petitioners seek to intervene claiming an interest in property and a lien that may be affected by the litigation.
Plaintiffs oppose intervention, arguing Petitioners’ rights are not at issue and any lien rights are not tied to the copyright dispute.
The court provides a ruling denying Petitioners’ Motion to Intervene as of right and also denies permissive intervention.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Intervention under Rule 24(a)(2).	Branca asserts Petitioners have a protectable interest tied to the Vaccaro agreement.	Estate contends the interest is unrelated to the copyright action and not at issue here.	Not appropriate; no related interest to underlying claims.
Relation of petitioners' interest to the underlying claims.	Petitioners' lien on property could be affected by the dispute.	Lien rights are not related to the copyright misappropriation at issue.	No substantial relationship to the subject matter.
Impairment and adequacy of representation.	Intervention would protect Petitioners’ economic interests.	Existing parties adequately represent affected interests; Petitioners’ claims are distinct.	Disposition will not impair Petitioners’ interests; representation is adequate.
Permissive intervention viability.	If as of right is denied, permissive intervention should be considered due to common questions.	No common questions of law or fact with the main action.	Permissive intervention denied.

United States v. City of Los Angeles, 288 F.3d 391 (9th Cir. 2002) (applies four-factor test for intervention as of right)
Donnelly v. Glickman, 159 F.3d 405 (9th Cir. 1998) (intervention broadly construed in favor of intervention)
Forest Conservation Council v. United States Forest Serv., 66 F.3d 1489 (9th Cir. 1995) (broad interpretation of intervention standards)
Arakaki v. Cayetano, 324 F.3d 1078 (9th Cir. 2003) (non-speculative economic interest may support intervention if related to subject matter)
California v. Tahoe Reg’l Planning Agency, 792 F.2d 779 (9th Cir. 1986) (economic interest must relate to underlying action)
United States v. Alisal Water Corp., 370 F.3d 915 (9th Cir. 2004) (mere property interest is not automatic entitlement to participate)