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IN RE MARRIAGE OF ABERNETHY

Docket No. A055057.

5 Cal.App.4th 1193 (1992)

7 Cal. Rptr.2d 342

In re the Marriage of CYNDI and JAMES PATRICK ABERNETHY. CYNDI ABERNETHY FREITAS, Appellant, v. JAMES PATRICK ABERNETHY, Respondent.

Court of Appeals of California, First District, Division Five.

April 21, 1992.

Attorney(s) appearing for the Case

COUNSEL

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, John H. Sugiyama, Assistant Attorney General, Morris Beatus and Josanna Berkow, Deputy Attorneys General, for Appellant.

Valerie Pistole for Respondent.

OPINION

KING, J.

In this case we hold that the conflict of interest standard enunciated in Penal Code section 1424 applies to a motion to disqualify a district attorney from performing any authorized duty, including participation in civil proceedings for the modification of child support orders.

The County of Napa (County) apeals from an order disqualifying its entire district attorney's office from representing Cyndi Abernethy...

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