Eldridge

Kennedy v. Eldridge

Bad Law
135 Cal. Rptr. 3d 545·201 Cal. App. 4th 1197·2011 Cal. App. LEXIS 1561
Court of Appeal of CaliforniaDecember 13, 2011No. C066697California5,532 words

Opinion

Lead Opinion

Butz, J.

In a roiling support and custody dispute involving an infant child, did the trial court act within its discretion in disqualifying the child’s paternal grandfather from representing his son, the father, against the mother of his grandson?

We hold that it did. A plethora of family entanglements, potential misuse of confidential information, a conflict posed by the near-certain prospect that counsel will have to testify, and the preservation of the integrity of the judicial system all coalesce to support the trial court’s disqualification order.

Appellant Tyler Scott Eldridge (Tyler) appeals from an order of the family court granting the motion of plaintiff and respondent Kayla Jean Kennedy (Kayla) to disqualify Tyler’s father, Richard Eldridge (Richard), from representing Tyler in this action involving the custody and support of Calvin Kennedy-Eldridge (Calvin), who is the child of Tyler and Kayla.

Tyler argues the disqualification order was erroneous because (1) Kayla was not a former client of Richard’s and thus lacked standing to bring the *1201 motion; (2) Richard’s firm did not acquire confidential information as a result of its representation of Kayla’s father…

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