Lynn

Lynn v. George

Good Law
15 Cal. App. 5th 630·2017 Cal. App. LEXIS 817·223 Cal. Rptr. 3d 407·2017 WL 4173330
Court of Appeal of CaliforniaSeptember 21, 2017G053563California3,384 words

Opinion

lead Opinion

Fybel, J.

*633 INTRODUCTION

Defendants Steve George and Real Estate Portfolio Management, LLC (REPM) appeal from the trial court's order granting the motion of plaintiffs Angelica Lynn and Angel Lynn Realty, Inc. (ALR) to disqualify counsel. 1 George and REPM were represented in the trial court by attorney Kevin A. Spainhour and his law firm, Spainhour Law Group (SLG), who were the subjects of the motion to disqualify. Spainhour had represented George for over 15 years and REPM for several years.

Lynn and ALR alleged in their complaint that they had formed a partnership with George and REPM for buying and selling real property. Lynn and ALR moved to disqualify Spainhour and SLG on the ground they had represented the alleged partnership and had provided Lynn legal advice relating to a proposed sale transaction. Alternatively, Lynn and ALR asserted they had a confidential nonclient relationship with Spainhour and SLG.

The trial court expressly found that neither Spainhour nor SLG had represented Lynn or ALR in their individual capacities, that Spainhour and SLG represented REPM, and that any legal advice rendered to Lynn and ALR related solely to their work as REPM's broker of record. The…

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