1. (a) A Petitioner or Respondent may name an Interested Party in a complaint or cross-complaint as a Party whose joinder in the Arbitration is demanded:

   1. (1) If done in the complaint first filed or when first answering a complaint or cross-complaint.
   2. (2) At a later time, only if authorized by the Arbitrator upon motion timely and diligently made.
2. (b) At any time prior to a hearing on the merits, an Interested Party may be permitted to join in and be bound by the Arbitration proceedings if required by the terms of the Interested Party's contract or by the agreement of the Parties. Such joinder shall not be required if it unduly delays or complicates the expeditious conclusion of the Arbitration unless a failure to order joinder would be likely to produce inconsistent decisions from separate proceedings among the Parties.
3. (c) Where an Interested Party is made a Party to the Arbitration, the joinder shall be limited to the issues raised by the Respondent and Petitioner in the pleadings.

Note: Authority cited: Sections 10240.5 and 10245.2, Public Contract Code. Reference: Sections 10240.5 and 10240.9, Public Contract Code.

History

1. Amendment filed 4-6-84; effective thirtieth day thereafter (Register 84, No. 14).

2. Renumbering of former section 352 to new section 1352 filed 6-20-97; operative 7-1-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 25).

3. Renumbering of former section 1352 to new section 1373 and renumbering of former section 1340 to new section 1352, including amendment of section heading and section, filed 8-15-97; operative 8-15-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 33).