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PEOPLE EX REL. CLANCY v. SUPERIOR COURT

Docket No. L.A. 32041.

39 Cal.3d 740 (1985)

705 P.2d 347

218 Cal. Rptr. 24

THE PEOPLE ex rel. JAMES J. CLANCY, as City Attorney, etc., et al., Petitioners, v. THE SUPERIOR COURT OF RIVERSIDE COUNTY, Respondent; HELEN E. EBEL et al., Real Parties in Interest. HELEN E. EBEL et al., Petitioners, v. THE SUPERIOR COURT OF RIVERSIDE COUNTY, Respondent; THE PEOPLE ex rel. JAMES J. CLANCY, as City Attorney, etc., et al., Real Parties in Interest.

Supreme Court of California.

September 16, 1985.

Attorney(s) appearing for the Case

COUNSEL

James J. Clancy, City Attorney, for Petitioners and Real Parties in Interest People.

No appearance for Respondent.

Roger Jon Diamond and Hecht, Diamond & Greenfield for Petitioners and Real Parties in Interest Ebel.

OPINION

MOSK, J.

We evaluate the propriety of a contingent fee arrangement between a city government and a private attorney whom it hired to bring abatement actions under the city's nuisance ordinance. We hold the arrangement inappropriate under the circumstances, and in the interests of justice grant the extraordinary relief of disqualifying the attorney.

In 1981 Helen Ebel obtained a business license from petitioner City...

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