Federal Home Loan Mortgage Corp. v. La Conchita Ranch Co.
Opinion
Lead Opinion
Gilbert, J.
Where no conflict exists between an attorney’s clients in a lawsuit, opposing counsel may not create a conflict through a meritless cross-complaint.
This is an appeal from an order denying a motion to disqualify an opposing party’s counsel. The trial court did not abuse its- discretion in denying the motion. We affirm.
Facts
Residents of the Town of La Conchita must have felt like unwilling players in a disaster movie. Although the landslide in. 1995 did not envelop the town, it destroyed nine homes and impaired the value of the other homes. La Conchita property owners blamed the irrigation practices of the La Conchita Ranch Company (hereinafter the Ranch). Owners of 71 properties filed suit against the Ranch. (Bateman v. La Conchita Ranch Co. (Super. Ct. Ventura County, 1995, No. CIV 156906) (hereinafter the Bateman action).)
The law firm of Thorsnes, Bartolotta, McGuire & Padilla (TBMP) represented the plaintiffs in the Bateman action. The Federal Home Loan Mortgage Corporation (FHLMC) held mortgages on five of the seventy-one Bateman properties. FHLMC and the owners of the five properties entered into litigation participation agreements. The agreements allowed…