Comden

Doris Day Comden and Barry Comden seek mandate to compel respondent court to vacate its order requiring petitioners’ attorneys to withdraw from their representation of petitioners in an action for injunctive relief and breach of contract. The question presented is whether respondent court abused its discretion in ordering withdrawal pursuant to California Rules of Professional Conduct, rule 2-111 (A)(4) when the court concluded that a member of the attorneys’ *911 firm ought to be called as a witness for plaintiffs at trial of the cause. 1 We conclude the court acted within its discretion in ordering withdrawal.

In February 1976 Doris Day Distributing Company (DDDC), the real party in interest, contracted with petitioners to distribute pet products bearing the name and likeness of Doris Day. Petitioners were represented by Attorney Stanley Chernoff throughout contract negotiations with DDDC.

Disagreement soon developed, petitioners claiming DDDC was not meeting its contractual duties to them. In June 1976 Chernoff associated Marvin Greene, corporate law and securities regulations specialist and partner in the law firm of Loeb and Loeb, to assist in resolving…

I respectfully dissent from the views presented by the majority. My reason for doing so is my belief that the trial court acted arbitrarily in applying a literal application of rule 2-111 (A)(4) without balancing the equities involved. In so doing, the trial court appears to have been merely enforcing a rule of professional conduct, a function better left to the State Bar, rather than determining if there existed any real impropriety threatening the integrity of the proceeding before it.

It is commonplace for attorneys to participate in the business-legal aifairs of their clients, and this participation should be encouraged as part of the concept of preventive law. The instant case shows this involvement. Greene, a partner in the law firm of Loeb and Loeb and a specialist in their corporate department represented petitioner when the contract in question was first negotiated. His declaration was used in support of petitioner’s application for preliminary injunction. For this prior participation, the trial court held that rule 2-111 (A)(4) of the State Bar of California Rules of Professional Conduct compelled a withdrawal *917 of Loeb and Loeb from the case, the court stating: “I…

Cooper, Epstein & Hurewitz, Richard D. Agay and Brian Kaufman for Real Parties in Interest.

OPINION

CLARK, J.

Doris Day Comden and Barry Comden seek mandate to compel respondent court to vacate its order requiring petitioners' attorneys to withdraw from their representation of petitioners in an action for injunctive relief and breach of contract. The question presented is whether respondent court abused its discretion in ordering withdrawal pursuant to California Rules of Professional Conduct, rule 2-111(A)(4) when the court concluded that a member of the attorneys' firm ought to be called as a witness for plaintiffs at trial of the cause. [1] We conclude the court acted within its discretion in ordering withdrawal.

In February 1976 Doris Day Distributing Company (DDDC), the real party in interest, contracted with petitioners to distribute pet products bearing the name and likeness of Doris Day. Petitioners were represented by Attorney Stanley Chernoff throughout contract negotiations with DDDC.

Disagreement soon developed, petitioners claiming DDDC was not meeting its contractual duties to them. In June 1976 Chernoff associated Marvin Greene, corporate law and securities…