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Joinder of Claims and Parties, Impleader, Intervention, Interpleader

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California Bar Exam Exam

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1 Exam Format and Core Skills

California Bar Exam Blueprint: Subjects, Components, and Recent Changes Exam Format, Scoring, and the 1390 Passing Score Essay Strategy: Issue Spotting and IRAC Core Written Skills and Timing Strategy

2 Civil Procedure

Subject Matter Jurisdiction: Federal Question, Diversity, Supplemental, Removal Personal Jurisdiction, Long-Arm, Minimum Contacts, and Service of Process Venue, Transfer, and Forum Non Conveniens The Erie Doctrine and Choice of Law Pleadings, Rule 11, Amendments, and California Demurrers / Anti-SLAPP Joinder of Claims and Parties, Impleader, Intervention, Interpleader Class Actions (Rule 23 and California) Discovery: Scope, Devices, Privilege, and Sanctions Pretrial Adjudication: Dismissals, Default, and Summary Judgment Trial, Jury, Judgment as a Matter of Law, and Post-Trial Motions Appeals, the Final Judgment Rule, and Claim/Issue Preclusion

3 Constitutional Law

Judicial Review, Justiciability, Standing, Ripeness, Mootness, and Political Questions Federal Legislative Power: Commerce, Taxing & Spending, and the Tenth and Eleventh Amendments Separation of Powers: Executive, Legislative, and Judicial Authority Federalism, Supremacy, Preemption, the Dormant Commerce Clause, and Privileges & Immunities State Action and Congressional Enforcement of the Reconstruction Amendments Procedural Due Process Substantive Due Process and Fundamental Rights Equal Protection and Levels of Scrutiny First Amendment: Speech, Press, Forums, and Association First Amendment Religion Clauses and the Takings Clause

4 Contracts

Applicable Law: Common Law vs. UCC Article 2 and Mixed Contracts Mutual Assent: Offer, Acceptance, Mailbox Rule, and UCC 2-207 Consideration, Bargained-for Exchange, and Promissory Estoppel Defenses to Formation: Capacity, Mistake, Misrepresentation, Duress, Unconscionability The Statute of Frauds Parol Evidence Rule and Contract Interpretation Conditions and Performance: Express, Constructive, and Substantial Performance Breach, Anticipatory Repudiation, and the Perfect Tender Rule Excuse of Performance: Impossibility, Impracticability, and Frustration UCC Warranties and Risk of Loss Third-Party Beneficiaries, Assignment, and Delegation Contract Remedies and UCC Buyer/Seller Remedies

5 Criminal Law and Procedure

Actus Reus, Mens Rea, Concurrence, and Causation Accomplice Liability and Parties to Crime Inchoate Crimes: Attempt, Conspiracy, and Solicitation Homicide: Murder, Manslaughter, Felony Murder, and California Degrees Other Crimes Against the Person: Assault, Battery, Kidnapping, and Sex Offenses Property and Theft Crimes: Larceny, Embezzlement, Robbery, Burglary, Arson Criminal Defenses: Insanity, Intoxication, Self-Defense, Duress, Necessity, Mistake Fourth Amendment: Searches, Seizures, Warrants, and Exceptions The Exclusionary Rule, Standing, and Fruit of the Poisonous Tree Fifth Amendment: Miranda, Self-Incrimination, and Double Jeopardy Sixth Amendment: Right to Counsel, Confrontation, Speedy Trial, and Jury Pretrial Identifications, the Eighth Amendment, and Trial Rights

6 Evidence

Relevance: Logical and Legal, Rule 403, and California Proposition 8 Policy-Based Exclusions: Subsequent Remedial Measures, Settlements, Insurance, Pleas Authentication and the Best Evidence Rule Witness Competency, Personal Knowledge, and Examination Impeachment of Witnesses Lay and Expert Opinion Testimony (Daubert and California Kelly/Sargon) Character Evidence and Other Acts (MIMIC) Habit and Methods of Proving Character Hearsay: Definition, Non-Hearsay, and Exemptions Hearsay Exceptions: Availability Immaterial (FRE 803) Hearsay Exceptions Requiring Unavailability (FRE 804) and the Confrontation Clause Privileges, Judicial Notice, and Presumptions (Federal and California)

7 Real Property

1.1 Estates in Land 1.2 Future Interests 1.3 Rule Against Perpetuities 1.4 Concurrent Ownership 1.5 Landlord-Tenant Law 1.6 Easements and Servitudes 1.7 Covenants Running with Land 1.8 Recording Acts and Title 1.9 Mortgages 1.10 Land Use Regulation Adverse Possession and Rights Incident to Ownership Land Sale Contracts, Marketable Title, and Risk of Loss Deeds, Delivery, Warranties of Title, and Fixtures

8 Torts

Intentional Torts Against the Person: Battery, Assault, False Imprisonment, IIED Intentional Torts to Property and Defenses/Privileges Negligence: Duty and the Standard of Care Negligence: Breach, Res Ipsa Loquitur, and Negligence Per Se Causation: Actual and Proximate Cause Negligence Damages and Defenses: Comparative Fault and Assumption of Risk Strict Liability: Animals and Abnormally Dangerous Activities Products Liability Private and Public Nuisance Defamation Invasion of Privacy, Misrepresentation, and Economic Torts Vicarious Liability, Joint Tortfeasors, and Immunities

9 Business Associations

Agency: Formation, Actual and Apparent Authority, and Ratification Agency: Principal/Agent Duties, Respondeat Superior, and Tort Liability General Partnerships: Formation, Rights, and Partnership Property Partnership Liability, Fiduciary Duties, Dissociation, and Dissolution Limited Partnerships, LLPs, and LLCs Corporations: Formation, Promoters, and Piercing the Corporate Veil Corporate Finance: Stock, Securities, Dividends, and Distributions Directors and Officers: Fiduciary Duties, the Business Judgment Rule, and Indemnification Shareholders, Derivative Suits, Fundamental Changes, and Federal Securities (10b-5, 16(b))

10 Community Property

General Principles, the Community Estate, and Marital Economic Community Characterization: Separate vs. Community Property and Presumptions Tracing and Commingling (Exhaustion and Direct Tracing) Transmutation and Premarital/Marital Agreements Special Assets: Businesses (Pereira/Van Camp), Goodwill, Education, Pensions, Disability Management, Control, and Spousal Fiduciary Duties Debts and Creditors' Rights Distribution at Dissolution and Death; Quasi-Community Property

11 Professional Responsibility

Regulation of the Profession, Admission, and Discipline (California Rules vs. ABA Model Rules) Competence, Diligence, Communication, and Scope of Representation Confidentiality and Its Exceptions (California vs. ABA) Conflicts of Interest: Current Clients Conflicts: Former Clients, Imputation, and Business Transactions Fees, Client Trust Accounts (IOLTA), and Safekeeping Property Duties to the Court and Third Parties: Candor, Advocacy, and Fairness Forming, Declining, and Terminating the Attorney-Client Relationship Advertising, Solicitation, and the Unauthorized Practice of Law Judicial Ethics, Reporting Misconduct, and Special Prosecutor Duties

12 Remedies

Compensatory Damages: Causation, Foreseeability, Certainty, and Mitigation Punitive, Nominal, and Liquidated Damages Restitution and Unjust Enrichment Constructive Trust and Equitable Lien Injunctions: Temporary Restraining Orders, Preliminary, and Permanent Specific Performance Reformation, Rescission, and Cancellation Equitable Defenses, Declaratory Relief, and Remedy Selection

13 Trusts

Trust Creation, Required Elements, and Types of Trusts Charitable Trusts, Cy Pres, and the Rule Against Perpetuities in Trusts Trustee Powers and Trust Administration Trustee Duties: Loyalty, Prudent Investor, and Impartiality Beneficiary Rights and Principal/Income Allocation Spendthrift, Discretionary, and Support Trusts; Creditors' Rights Modification and Termination of Trusts Breach of Trust, Remedies, and Will Substitutes (Totten, POD, Revocable Trusts)

14 Wills and Succession

Intestate Succession and California Distribution Will Execution and Formalities (Attested and Holographic; California) Testamentary Capacity, Undue Influence, Fraud, Duress, and Mistake Will Components: Integration, Incorporation, Acts of Independent Significance, and Pour-Over Revocation, Revival, and Dependent Relative Revocation Lapse, Anti-Lapse, Class Gifts, Ademption, Abatement, and Exoneration Protection of the Family: Omitted Spouse and Child, Pretermitted Heirs Will Contests, Standing, and No-Contest Clauses Probate Administration, Powers of Appointment, and Will Substitutes

15 Performance Test

The Performance Test: Task Memo, File, and Library Objective PT Products: Memos, Briefs, and Client Letters Persuasive PT Products and 90-Minute Execution

Joinder of Claims and Parties, Impleader, Intervention, Interpleader

Key Takeaways Explain This Topic AI

Rule 18 permits a party to join any number of claims, related or not, against an opposing party once a single claim properly connects them.

Rule 20 permissive party joinder requires claims arising from the same transaction or occurrence AND a common question of law or fact.

Rule 19 compels joinder of a required party if complete relief is impossible without it or its interest would be impaired; if joinder destroys diversity and the party is indispensable, the case is dismissed.

Rule 14 impleader lets a defendant bring in a third party who is or may be liable to the defendant for all or part of the plaintiff's claim, typically for indemnity or contribution.

Rule 24 intervention of right requires a timely, impaired interest not adequately represented; statutory interpleader (28 U.S.C. 1335) needs only minimal diversity and $500 in the stake.

Last updated: June 2026

  • Joinder of Claims and Parties (Rules 18, 20, 13)
  • Joinder of claims (Rule 18)

Once a party has one proper claim against an opposing party, Rule 18 lets it join any additional claims it has against that party — related or not . Joinder under Rule 18 is permissive , but each joined claim still needs an independent jurisdictional basis (federal question, diversity, or supplemental jurisdiction ).

Permissive party joinder (Rule 20)

Rule 20 lets plaintiffs join together, or sue multiple defendants together, when both are satisfied:

The claims arise out of the same transaction or occurrence (or series), AND

There is a common question of law or fact .

Counterclaims and cross-claims (Rule 13)

Device Rule Key feature

Compulsory counterclaim 13(a) Arises from the same transaction/occurrence as the opposing claim — must be pleaded or it is waived/lost forever

Permissive counterclaim 13(b) Unrelated claim against the opposing party — may be pleaded; needs its own jurisdictional basis

Cross-claim 13(g) Claim against a co-party arising from the same transaction/occurrence — always permissive

Trap: A compulsory counterclaim usually qualifies for supplemental jurisdiction (same transaction = common nucleus), so it needs no independent basis; a permissive counterclaim usually does.

  • Required Parties and Impleader (Rules 19, 14)
  • Compulsory / required-party joinder (Rule 19)

Rule 19 identifies parties who must be joined if feasible. The analysis has three steps:

Is the absentee 'required' (19(a))? Yes if (a) the court cannot accord complete relief among existing parties without it, OR (b) the absentee claims an interest that would be impaired by its absence, or that exposes an existing party to double or inconsistent obligations .

Is joinder feasible? Joinder is infeasible if it would destroy SMJ (e.g., break complete diversity) or the court lacks PJ over the absentee.

If not feasible, is the party indispensable (19(b))? The court weighs prejudice, whether it can be lessened, adequacy of a judgment without the party, and whether the plaintiff has an adequate remedy if dismissed. If indispensable , the action must be dismissed .

Impleader / third-party practice (Rule 14)

Rule 14 lets a defending party (as a 'third-party plaintiff') bring in a non-party who 'is or may be liable to it for all or part of ' the original claim — a derivative liability theory such as indemnity or contribution .

The defendant may implead as of right within 14 days of serving its answer; later requires leave of court .

The third-party claim is supported by supplemental jurisdiction ; recall that 1367(b) bars a plaintiff from asserting claims against a Rule 14 third party if doing so would defeat complete diversity.

Trap: Impleader is NOT for saying 'the third party, not me, is liable to the plaintiff' — it requires the third party's liability to be derivative of the defendant's liability.

  • Intervention and Interpleader (Rules 24, 22; 28 U.S.C. 1335)
  • Intervention (Rule 24)

Intervention lets a non-party inject itself into pending litigation.

Intervention of right (24(a)): the applicant must show (1) a timely application, (2) an interest in the subject matter, (3) that disposition may impair that interest, and (4) the interest is not adequately represented by existing parties.

Permissive intervention (24(b)): allowed at the court's discretion when the applicant's claim/defense shares a common question with the main action and intervention won't unduly delay or prejudice.

Interpleader (Rule 22 and statutory)

Interpleader lets a stakeholder holding property/funds claimed by two or more adverse claimants force them to litigate their competing claims in one action, protecting the stakeholder from multiple liability .

Rule interpleader (FRCP 22) Statutory interpleader (28 U.S.C. 1335)

Diversity Requires complete diversity between stakeholder and claimants (or a federal question), and $75,000 in controversy Requires only minimal diversity (any two adverse claimants diverse) and just $500 in the stake

  • Service / venue Ordinary rules Nationwide service of process; venue where any claimant resides
  • California distinctions

California joinder largely parallels the federal rules but uses different vocabulary: cross-complaints (CCP 428.10) serve the role of both counterclaims and cross-claims, and a cross-complaint against the plaintiff arising from the same transaction is effectively compulsory under CCP 426.30. California also provides for interpleader (CCP 386) and intervention (CCP 387) with standards similar to the federal model.

Joinder and the supplemental-jurisdiction overlay

Every joined claim or party in federal court still needs a jurisdictional hook, so joinder and supplemental jurisdiction (28 U.S.C. 1367) must be analyzed together. A defendant's Rule 14 third-party claim, a Rule 13(g) cross-claim, and a compulsory counterclaim all typically qualify for supplemental jurisdiction because they arise from the same transaction (common nucleus).

But recall the 1367(b) carve-out: in a case anchored on diversity , a plaintiff may not assert supplemental claims against persons joined under Rules 14, 19, 20, or 24 if doing so would break complete diversity . Trap: the 1367(b) limit is plaintiff-specific — it never restricts defendants — and it applies only when the anchor is diversity, not federal question.

Worked Rule 19 hypothetical: A and B co-own a contract; the obligor performs to A only, and B sues for breach in federal court. If A is a non-diverse party whose absence risks the obligor facing double liability , A is a required party under 19(a). If joining A would destroy complete diversity (infeasible) and A is indispensable under the 19(b) factors, the court must dismiss — 'in equity and good conscience' the action cannot proceed without A.