Laserfiche WebLink
Should the Court grant the LLC's motion to intervene, the Division requests that the <br /> Court strike the additional claims and arguments that the LLC attempts to interject into the <br /> lawsuit through its motion. It is the duty of this court to respect the integrity of issues raised <br /> in the pleadings between the original parties and to prevent injection of new issues by <br /> intervention. Moreno v. Commercial Security Bank, 125 Colo. 11, 240 P.2d 118 (1952). <br /> Here, the LLC is not taking the suit as it found it but seeks to inject new claims and issues <br /> into the suit. This Court should exercise its discretion to strike or refuse to hear matters <br /> presented by the intervenor. See Roosevelt v. Beau Monde Co., 152 Colo. 567, 384 P.2d 96 <br /> (1963). <br /> Specifically, the Division requests the Court to strike paragraphs 31, 32, 33 of the first <br /> claim of relief; the entire second claim for relief(paragraphs 35 through 40); and the entire <br /> third claim for relief(paragraphs 41-48). By these paragraphs, the LLC attempts to inject <br /> new issues and ci ims for relief into this case. This court should not allow the LLC's <br /> attempt but should respect the integrity of the issues raised in the current amended third-party <br /> complaint. Roosevelt, supra; Moreno. supra. <br /> GALE A.NORTON <br /> Attorney General <br /> RICHARD A. WESTFALL <br /> Solicitor General <br /> the mine site. See C.R.C.P. 19 (a) (2) (B) . However, this Court can join the <br /> LLC under Rule 19 and still deny the LLC's motion to intervene since Rule 19 <br /> and 24 set forth different standards to meet. <br /> 7 <br />