McPhearson

Rick McPhearson (plaintiff) appeals from an order disqualifying his attorney, John M. Riestenberg, from representing plaintiff in a discrimination and harassment action against plaintiff’s employer, The Michaels Company (defendant). Following the holding in Gilbert v. National Corp, for Housing Partnerships (1999) 71 Cal.App.4th 1240 [ 84 Cal.Rptr.2d 204 ] (hereafter Gilbert),, the trial court disqualified Riestenberg because of a perceived conflict of interest arising out of his representation of another employee who entered into a confidential settlement agreement with defendant.

In Gilbert , an attorney who successfully represented employees in a discrimination and harassment action brought against their employer was found to be disqualified from representing another employee in a similar case against the employer. ( Gilbert, supra, 71 Cal.App.4th at pp. 1243-1244.) Gilbert held that the settlement agreement reached in the first action, which required the parties “ ‘to keep the fact of this Settlement and this Agreement, and each of its terms, strictly confidential,’ ” and specified severe sanctions for breach of the confidentiality provision (id. at pp. 1245, 1252),…