Jarvis

Appellant Jarvis Properties is a limited partnership that owns a two-acre parcel of land. Its two general partners-appellant Todd Henry Jarvis and respondent James Alvin Jarvis (brothers)-each own a 50 percent interest in the partnership, which is less than the majority consent required *725 to act on behalf of the partnership ( Corp. Code, § 15904.06, subd. (a) ). The general partners cannot agree on what to do about the two-acre parcel and their partnership agreement does not address the question of what occurs in the event of a decision-making deadlock. They have, therefore, turned to the courts.

James Jarvis filed an action for partition by sale, naming Todd Jarvis and Jarvis Properties as defendants. 1 Todd hired a lawyer to represent him in the partition action; he also hired a separate lawyer, William Roscoe, III, to represent the partnership. Both Todd and the partnership filed demurrers. James objected to having Roscoe represent the partnership and filed a motion to disqualify Roscoe on the ground that Roscoe was not authorized to act by the requisite majority of the general partners. James was concerned that Roscoe-who took the position that he was not subject to the…