McGee

Petitioner L. Charisse McGee, who is the plaintiff in the underlying action, seeks by this writ proceeding to compel the Riverside Superior Court to disqualify and remove Thompson & Colegate as attorneys for Byron Pedersen, the defendant in the underlying action.

Facts

On March 1, 1983, petitioner L. Charisse McGee was injured in an automobile accident in Riverside County. She was a passenger in her own car which was being driven with her permission by real party in interest Byron H. Pedersen (Pedersen).

Petitioner retained her mother, June McGee, as counsel and on September 22, 1983, petitioner filed a complaint for damages against the County of Riverside (County) alleging negligent maintenance of the road and failure to post warning signs. On October 25, 1983, County filed a cross-complaint against Pedersen for implied indemnity. However, the cross-complaint was not served on Pedersen until February 26, 1984. On February 29, 1984, through her counsel June McGee, petitioner filed a separate action against Pedersen, claiming his negligence also caused the accident.

Early in March 1984, Pedersen was taken to the law offices of David Silverton by petitioner’s counsel…