Wong

Derivi Construction & Architecture, Inc., Linda Derivi, and Steve Castellanos (collectively DCA) appeal from denial of their motion to disqualify attorney Peter Whipple and his law firm on the basis that Whipple is married to an attorney at another law firm that had previously been disqualified in this law suit. DCA contends the trial court abused its discretion in denying the motion by failing to consider circumstantial evidence and by following unpersuasive dicta in DCH Health Services Corp. v. Waite (2002) 95 Cal.App.4th 829 , 115 Cal.Rptr.2d 847 . DCA's theory of disqualification goes beyond precedent in two regards. First, it bases the disqualification solely on a marital relationship and, second, it requires double imputation of confidential knowledge for vicarious disqualification. We decline to adopt this expanded theory of disqualification and affirm the judgment.

DCA was hired by Phillip Wong to design and build a restaurant. DCA brought suit against Phillip Wong, his wife Wendy Kurihara Wong and related entities (collectively the Wongs) for breach of contract and foreclosure of mechanic's lien to recover the value of labor, services, equipment and…