Dino
Dino v. PELAYO
Opinion
Opinion
Parrilli, J.
This is an appeal from an order granting a motion by Jess and Rose Pelayo (Pelayos) to disqualify the attorney jointly representing their opponents, Joe Dino, doing business as Trust Realty Services (Dino) and Arthur and Isabel Eslava (Eslavas). As we explain below, we conclude the Pelayos lacked a valid basis for prevailing on their motion to disqualify Dino’s attorney. We therefore reverse.
FACTUAL AND PROCEDURAL BACKGROUND
On September 3, 2004, Dino sued the Pelayos to recover $89,500, the balance allegedly owed to him on a real estate commission. Dino hired Attorney Edward Suman (Suman) to represent him in the matter.
The complaint alleged Dino earned the real estate commission while acting as agent for both parties in the sale of the Pelayos’ assisted living facility, Family Manor, to the Eslavas for $3 million (the first sale). Under the terms of the first sale, the Pelayos agreed to pay Dino’s commission based upon payments they received on the purchase price from the Eslavas.
Following the first sale, however, the Eslavas were unable to acquire the necessary license to operate the facility. Accordingly, with Dino’s assistance, the Eslavas sold the facility to…