§ 491.430.Intervention By Plaintiff In Action Or Special Proceeding
Title 6.5. Attachment · Chapter 11. Attaching Plaintiff's Miscellaneous Remedies · Article 3. Lien in Pending Action or Proceeding · Last amended 1984 · Last verified July 28, 2026
In one sentenceSection 491.430 lets a plaintiff who has obtained a lien intervene in the other pending action or special proceeding under § 387, and treats the plaintiff as a party for the purposes of §§ 491.460(a) and 491.470 even without formally intervening.
(a)The court in which the action or special proceeding subject to the lien under this article is pending may permit the plaintiff who has obtained the lien to intervene in the action or proceeding pursuant to Section 387.
(b)For the purposes of subdivision (a) of Section 491.460 and Section 491.470, a plaintiff shall be deemed to be a party to the action or special proceeding even though the plaintiff has not become a party to the action or proceeding under subdivision (a).
Plain-English Summary
Holding a lien on the defendant's pending lawsuit does not by itself give the plaintiff a seat at the table in that other case. Section 491.430(a) opens that door: the court where the other action or special proceeding is pending may permit the lien-holding plaintiff to intervene under the general intervention statute, § 387.
Subdivision (b) softens the effect of not intervening. Even if the plaintiff never becomes a formal party under subdivision (a), the plaintiff is still deemed a party for two specific purposes -- the attachment-and-satisfaction procedure in § 491.460(a), and the exemption-claim procedure in § 491.470.
Frequently Asked Questions
Can a lien-holding plaintiff join the defendant's other lawsuit as a party?
Yes, with the court's permission. Section 491.430(a) lets the plaintiff intervene in the other pending action or special proceeding under § 387.
Does the plaintiff need to formally intervene to use §§ 491.460 and 491.470?
No. Section 491.430(b) treats the plaintiff as a party for purposes of § 491.460(a) and § 491.470 even without intervening under subdivision (a).
Amendment History
Amended by Stats. 1984, Ch. 538, Sec. 10.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as:intervene in defendant's lawsuit california lien491.430 party status lien