Sheehy

STATEMENT OF FACTS

Plaintiff Brian L. Sheehy sued his title insurer, defendant Chicago Title Insurance Company in connection with a dispute over an easement affecting plaintiff’s property. In response to defendant’s demand, plaintiff designated his expert witnesses, including an attorney who was designated to testify regarding defendant’s handling of plaintiff’s claim. This attorney previously represented defendant as claims counsel. As trial approached, defendant filed several motions in limine, including a motion to exclude plaintiff’s expert on the ground that the State Bar Rules of Professional Conduct prohibited plaintiff’s expert from testifying adversely to defendant. (See Rules Prof. Conduct, rule 1.9.) The trial court granted the motion.

PROCEDURAL HISTORY

Plaintiff filed a petition for a writ of mandate with this court on this issue, which we summarily denied. Simultaneously, plaintiff appealed from the trial court’s ruling, citing Brand v. 20th Century Insurance Company/21st Century Insurance Company (2004) 124 Cal.App.4th 594 (Brand) for the proposition that the order was appealable. Upon the filing of plaintiff’s civil case information statement in the appeal, this…