What is the burden of proving adequacy in a motion to intervene in a class action?

Appellant continues to argue that the burden of showing adequacy falls upon Sosinov. Appellant relies on inapposite cases relating to court hearings to obtain class certification, but this is not a class certification proceeding. On a motion to intervene, appellant has the burden of proof. (People v. Brophy, supra, 49 Cal.App.2d at p. 34 ["The burden rests upon the one seeking to intervene to show that his is a proper case for intervention"].) Appellant fails to make the necessary showing that this is a proper case for intervention. Merely making a request to intervene early in the litigation process is not, in itself, a sufficient reason to outweigh the opposition to intervention voiced by the existing parties to the lawsuit.

The judgment is affirmed.