Metro-Goldwyn-Mayer, Inc. v. Tracinda Corp.

Caution
1995 Cal. App. LEXIS 698·36 Cal. App. 4th 1832·43 Cal. Rptr. 2d 327·95 Daily Journal DAR 9940·95 Cal. Daily Op. Serv. 5852
Court of Appeal of CaliforniaJuly 25, 1995Docket Nos. B084939, B077817California5,569 words

Opinion

Opinion

Hastings, J.

In these two related appeals, appellants Metro-Goldwyn-Mayer, Inc. and Credit Lyonnais Bank Nederland N.V. (CLBN) seek to overturn the trial court’s denial of two motions to disqualify counsel for defendants, Christensen White, Miller Fink & Jacobs (hereafter referred to as Christensen White or the Christensen firm).

We reverse the judgment in case No. B084939. The appeal in case No. B077817 is thereby rendered moot and accordingly is dismissed.

Factual and Procedural Background

The facts underlying these appeals are basically undisputed.

MGM/UA Communications Co. (MGM/UA) was a motion picture production company with its principal executive offices located in Culver City. Since 1969, MGM/UA’s primary outside counsel in both litigation and transactional matters was Christensen White (and its predecessor firms). Respondents Kerkorian, Barbakow and Silbert were shareholders and members of MGM/UA’s board of directors. Respondent Tracinda Corporation, together with Kerkorian, owned approximately 70 percent of its shares. Christensen White also represented Kerkorian and Tracinda.

Respondent Silbert was a partner of the Christensen firm. One of his partners, Terry…

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