PANTHER v. PARK

Nos. D039601, D039633.

123 Cal.Rptr.2d 599 (2002)

101 Cal.App.4th 69

James B. PANTHER, Plaintiff and Appellant, v. William K. PARK et al., Defendants and Respondents. James B. Panther, Petitioner, v. The Superior Court of San Diego County, Respondent, William K. Park et al., Real Parties in Interest.

Court of Appeals of California, Fourth District, Division One.

Rehearing Denied September 3, 2002.

Review Granted October 23, 2002.

Review Transferred January 15, 2003.


Attorney(s) appearing for the Case

Mazzarella, Dunwoody & Caldarelli, Steven A. Micheli, San Diego, and Mark C. Mazzarella for Plaintiff and Petitioner.

Seltzer, Caplan, McMahon & Vitek, Reg A. Vitek, Jack R. Leer and Matthew M. Mahoney, San Diego, for Defendant and Real Party in Interest Canam Properties.

Neil, Dymott, Perkins, Brown & Frank, Michael I. Neil and James A. McFall, San

Diego, for Defendant and Real Party in Interest Financial Asset Management Foundation.

Drath, Clifford, Murphy, Wennerholm & Hagan, John R. Clifford and Tammara N. Tukloff for Defendant and Real Party in Interest Ken Tremblett.


Review Transferred to Court of Appeal January 15, 2003.

McINTYRE, J.

We hold in this case that the personal disqualification of an attorney based on an earlier adverse representation will not automatically lead to the vicarious disqualification of a law firm in a different but substantially related litigation; rather, the law firm may rebut a presumption of shared confidences and avoid vicarious disqualification by showing that effective screening methods...

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