Brown

Plaintiff Mary Jane Brown appeals from a judgment, following a court trial, in favor of respondent John De Rugeris.

Brown filed a complaint against De Rugeris for declaratory relief and an accounting, alleging that she and defendant had entered into oral and written agreements whereby Brown was to be an equal partner in a business engaged in the manufacture, sale, and distribution of a device known as the J.D.R. Carburetor [developed by De Rugeris]. Defendant De Rugeris was represented by attorney Samuel D. O’Brien. On November 3, 1977, approximately one month prior to trial, the plaintiff filed a motion for an order discharging defendant’s attorney, citing California Rules of Professional Conduct, rule 2-111, rule 5-102 and rule 4-101. At commencement of trial, the judge remarked that he noticed a motion to discharge attorney and asked what happened to it. Brown’s attorney stated the motion was never heard, “it just went off calendar.” No further reference was made to this motion during trial.

During trial, O’Brien was called as a witness by appellant Brown under Evidence Code section 776. The questioning was limited to the date that O’Brien first saw a document that…