Cornish

Petitioner, plaintiff in the underlying action, filed a motion to disqualify the law firm of Vallette & Bassin (Vallette) from representing Capital Bond & Insurance Company (Capital), defendant in the action below, on the grounds that the law firm had previously represented petitioner in a number of lawsuits substantially related to the present action and had acquired confidential information from petitioner in the former representation. As will be explained, petitioner also sought to have the Attorney General disqualified. The motion was denied without prejudice by the trial court. Petitioner filed the within petition for writ of mandate. We issued an alternative writ but now deny a peremptory writ.

Facts

Petitioner was the prime contractor under a public works construction contract with the Elsinore Valley Municipal Water District in 1985. On May 28, 1985, petitioner entered into a written subcontract with Cities Development Group, Inc. (Cities) whereby the latter agreed to furnish labor and materials on the project.

Pursuant to the subcontract, Cities, as principal, and Capital, as surety, executed a payment bond and a performance bond in the penal amount of…