Cal West Nurseries, Inc. v. Superior Court

Where lawyers appear in an action against a party whom they represent in another, though unrelated, action, they must be disqualified. Here real party in interest’s lawyers appeared under these circumstances but, when the conflict was called to their attention, they withdrew from the representation only insofar as the pleadings involved rights and duties between their two clients. However they continued to represent a second client as against parties other than their original client. The duty of loyalty to the original client prohibits the lawyers from representing the second client to any extent in the action.

FACTS

Gary and Patricia Hodges filed an action in the Orange County Superior Court entitled Hodges v. City of Lake Forest alleging personal injuries resulting from an automobile accident; defendants included Brongo Construe tion (Brongo) and real party in interest, A.J. West Ranch, LLC (Ranch). Ranch filed a cross-complaint for equitable indemnity and contribution against, among others, Brongo and petitioner Cal West Nurseries, Inc. (Cal West). Cal West, in turn, filed a cross-complaint against Ranch and Brongo for implied indemnity and comparative…