The following excerpt is from Oakland Bulk & Oversized Terminal, LLC v. City of Oakland, 960 F.3d 603 (9th Cir. 2020):
Adequacy of representation is the sole element at issue here. To establish inadequate representation, Intervenors needed to make a "very compelling showing" because: (1) a governmental entity (Oakland) was already acting on behalf of their interests in this action: and (2) Intervenors and Oakland share the same ultimate objective of upholding the Ordinance and Resolution. See Arakaki v. Cayetano , 324 F.3d 1078, 1086 (9th Cir. 2003) (a "very compelling showing" is required to rebut a "presumption of adequacy" when "the government is acting on behalf of a constituency it represents" or when the applicant and existing party "have the same ultimate objective").
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