The following excerpt is from Smith v. L.A. Unified Sch. Dist., 822 F.3d 1065 (9th Cir. 2016):
In analyzing these factors, however, courts should bear in mind that [t]he crucial date for assessing the timeliness of a motion to intervene is when proposed intervenors should have been aware that their interests would not be adequately protected by the existing parties. Smith v. Marsh, 194 F.3d 1045, 1052 (9th Cir.1999). As explained below, the district court's analysis did not follow this basic principle. We accordingly hold that the court abused its discretion in finding Appellants' motions untimely under the totality of the circumstances of this case.
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