Fleming

FACTS

1 All references to rules are to the State Bar Rules of Professional Conduct. 2 “[A]n order granting or denying a motion to disqualify an attorney is appealable . . . .” (Truck Ins. Exchange v. Fireman’s Fund Ins. Co. (1992) 6 Cal.App.4th 1050, 1052, fn. 1.) 3 We take the facts from the pleadings in the underlying litigation (Gong, supra, 166 Cal.App.4th at p. 215), declarations of the parties and their counsel, and the contracts between the parties.

2 The limited liability company — Havasu Lakeshore Investments, LLC (the LLC) — was formed in 2004 to acquire land and develop a recreational mobilehome park in the City of Lake Havasu, California. The LLC‟s managing member — Capital Source Partners (Peloquin‟s partnership) — is a partnership in which Jean Victor Peloquin is a general partner. Peloquin is also the principal of J. Victor Construction, Inc. (Peloquin‟s corporation), another member of the LLC. Peloquin, as an individual, is not himself a member of the LLC. The LLC, Peloquin‟s partnership, Peloquin‟s corporation, and Peloquin are the appellants in this appeal and the cross-complainants in the underlying litigation. The respondents and cross-defendants — Terry L.…