Manfredi & Levine v. Superior Court of Ventura

Here, trial counsel moved to be relieved because of an ethical conflict. When counsel told the court he would not disclose any information concerning the conflict, the court summarily denied the motion. There was no abuse of discretion and we deny the writ of mandate.

Facts

Real parties Steven and Sandra Baríes (the Barleses) retained petitioner law firm, Manfredi & Levine (Manfredi), as their counsel. On August 15, 1996, they filed a lawsuit against real parties in interest Gary and Judy Podolny (the Podolnys). Following months of intense litigation, the parties stipulated that the matter be heard in binding arbitration.

After seven days in arbitration, the Barleses filed bankruptcy and obtained a stay of the proceedings. On October 29, 1997, the Podolnys obtained a vacation of the bankruptcy stay and sought to resume arbitration proceedings.

Manfredi claims that on November 7, 1997, it received unsolicited and confidential information. The information led it to believe it would be unethical to continue to represent the Barleses in this case.

The Barleses refused to substitute Manfredi out of the case. They claim that Manfredi has not disclosed to them the nature of…