City of San Francisco v. Cobra Solutions, Inc.

In City and County of San Francisco v. Cobra Solutions, Inc. (2006) 38 Cal.4th 839 [ 43 Cal.Rptr.3d 771 , 135 P.3d 20 ] (Cobra I), our Supreme Court held the entire San Francisco City Attorney’s Office (City Attorney’s Office) was vicariously disqualified from representing the City and County of San Francisco (City) in this lawsuit against a City contractor, Cobra Solutions, *470 Inc., and a related entity, Telecon L.T.D., Inc. 1 Following remand to the trial court, the City retained substitute counsel and the case proceeded to trial on the City’s suit for breach of contract and related claims and Cobra’s counterclaims. The jury denied any relief to Cobra and awarded the City approximately $24,000. In the published portion of this opinion, we discuss Cobra’s motion in limine seeking to preclude the City from using at trial any evidence procured with the participation of the City Attorney’s Office. We hold Cobra waived this issue by failing to timely raise it. We address Cobra’s remaining claims in the unpublished portion of the opinion.

FACTUAL AND PROCEDURAL BACKGROUND 2

In 1998, the City entered into a contract with a joint venture comprised of Cobra and other…