Klein

We consolidate these related petitions for writs of mandate which raise three questions: first, should the trial court have granted defendants’ motion for a stay on the ground of forum non conveniens (Code Civ. Proc., § 410.30) because of an earlier filed pending action in Switzerland; second, should defendants’ motion to recuse plaintiffs’ counsel have been granted because a member of that law firm formerly represented defendant Arturo Klein; third, did the trial court err in ordering lis pendens notices on defendant Arturo Klein’s property reinstated as a sanction for his assertion of Fifth Amendment privilege in refusing to answer discovery questions?

We have decided, for reasons we shall state, that a stay should have been granted; that counsel should have been recused; and that the issue of the lis pendens notices should be remanded to the trial court so that it may exercise its discretion, in light of our decision to order a stay, as to what security devices, if any, should appropriately be imposed to provide plaintiffs security in the event that the trial does eventually go forward and result in a judgment.

Petitioners, defendants below, are Arturo and Rebecca…