Continental Insurance v. Superior Court

This consolidated proceeding involves seven petitions for writ of mandate; in four of such petitions, petitioners, plaintiffs in the action below, seek to vacate those parts of the trial court’s orders of June 27, 1994, and August 4,1994, precluding petitioners from calling Francisco Robleto, a former employee of real party in interest and defendant Commercial Building Maintenance Company (CBM), as a witness or using his testimony or statements at any hearing or trial; in three of the petitions, petitioners seek to vacate an August 17, 1994, order granting CBM’s motion to suppress the testimony of another former employee of CBM, Margarita Fleites, on the ground that “Plaintiff’s attorneys [ex parte] contact with Fleites was improper and was in violation of [California State Bar Rules of Professional Conduct], rule 2-100.” The principal issue raised by the petitions is whether the trial court abused its discretion in precluding petitioners from admitting testimony of two former employees of CBM at any hearing or trial.

Factual and Procedural Background

The underlying litigation arises out of a May 4, 1988, fire at the First Interstate Tower; the proceeding is comprised…