Toyota Motor Sales, U.S.A., Inc. v. Superior Court
Opinion
Opinion
Woods, J.
Petitioners, defendants in an automobile product liability action, seek a writ of mandate to vacate a superior court order denying their motion to disqualify plaintiffs’ counsel. We deny the petition.
Factual and Procedural Background
In April 1994, plaintiffs (and real parties in interest) Nidia Elizabeth Chavez, Willivaldo Cruz, and Francisco Herrera were in a 1982 Toyota Corolla when it was rear-ended. Their Toyota rolled over and caught fire. Ms. Chavez, who was eight months pregnant, suffered substantial bum injuries and lost her child. Mr. Cruz and Mr. Herrera also were injured.
On November 23, 1994, plaintiffs filed the instant action alleging a Toyota Corolla design defect caused the fire and their resultant injuries.
Plaintiffs’ counsel retained Ronald Elwell, a fuel system design engineering expert. On June 12, 1995, plaintiffs’ counsel and Ronald Elwell, in the presence of counsel for defendants-petitioners, inspected the subject 1982 Toyota Corolla.
On October 4,1995, defendants-petitioners moved to disqualify plaintiffs’ counsel. The motion stated plaintiffs’ counsel had “acquired confidential information while working with Ronald Elwell, who was a…