In Re Marriage of Zimmerman

NEWSOM, Acting P.J.

As part of a dissolution judgment filed on December 6, 1984, respondent was awarded the Zimmerman Dairy (hereafter the Dairy), which had previously been a community asset of the parties. In August of 1987, appellant filed a complaint seeking her community property share of the proceeds of a milk diversion program which had been paid to the Dairy during her marriage to respondent. Summary judgment was granted in favor of respondent in the action, but reversed by this court in October of 1991. We concluded that "absent actual adjudication and award of the Milk Diversion Program proceeds in the dissolution action," "the proceeds must be considered a `missed asset' subject to a postdissolution claim" by appellant. The case was remanded to the trial court for further proceedings.

In the trial court, appellant filed a motion on June 9, 1992, to disqualify from this action respondent's attorney, Lawrence Bernheim (hereafter Bernheim), and the latter's law firm of James, Gack, Bernheim & Freeman. Appellant's motion for disqualification is based upon her prior contact with another partner in Bernheim's law firm, Kenneth Gack (hereafter Gack). Appellant was…