Walter E. Heller Western, Inc. v. Superior Court

On May 30, 1980, this court, pursuant to an order of the Supreme Court of California directing it to do so, issued an alternative writ of mandate commanding respondent herein, the Los Angeles County Superior Court, either to vacate its order of February 22, 1980, granting the application of Arizona Attorney Leo Beus to appear as counsel pro hac vice in the underlying action, Eye Encounter, et al. v. Walter E. Heller Western Incorporated, et al. (Heller), numbered 286803, in respondent court or show cause before us why a peremptory writ of mandate commanding such conduct on respondent’s part should not issue. Respondent court has not vacated its challenged order and the propriety of that order has now been argued to us both orally and in writing. For the reasons set forth below, we decline to issue the peremptory writ of mandate.

Facts

In March 1977 Beus represented three individuals by the names of Skeen, Smith and Nosier at a meeting in Santa Ana, California, to consider whether a Florida corporation controlled by them should purchase all of the outstanding stock of Eye Encounter, a California corporation located in Santa Ana, California, from its three stockholders.…