Hutton

This cause is before us on motion of defendant to dismiss the appeal of plaintiff from order denying writ of injunction or to affirm said order. Plaintiff land company sought the injunction to restrain defendant, an attorney at law, from acting adversely to its interests, as his former client, and from using knowledge or confidential information gained by him from it through said former relationship.

From the complaint it appears that defendant represented plaintiff during the years 1929-1931 in various actions growing out of the subdivision and sale of a certain tract of land in Los Angeles County and charges of fraud and misrepresentation in connection therewith; that in 1931 defendant appeared in a similar action to represent and prosecute a counterclaim, involving similar charges of fraud and misrepresentation, on behalf of a disgruntled purchaser. Plaintiff alleged that to permit defendant to act as attorney for said purchaser would be to deprive it of a fair and impartial trial because defendant could take advantage of and use confidential knowledge and information as to plaintiff’s affairs, gained during the period of their relationship. Plaintiff therefore prayed for a…