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CITY & COUNTY OF S.F. v. COBRA SOLUTIONS

No. A103479.

14 Cal.Rptr.3d 400 (2004)

CITY AND COUNTY OF SAN FRANCISCO et al., Plaintiffs and Appellants, v. COBRA SOLUTIONS, INC., et al., Defendants and Respondents.

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

As Modified June 15, 2004.

Review Granted August 25, 2004.

Attorney(s) appearing for the Case

Jesse C. Smith, Chief Assistant City Attorney, Therese M. Stewart, Chief Deputy City Attorney, Claire Sylvia and Ellen Forman, Deputy City Attorneys for Plaintiff and Appellant.

Bill Lockyer, Attorney General, Jacob Appelsmith, Senior Assistant Attorney General, Barbara J. Seidman and Kenneth L. Swenson, Deputy Attorneys General as Amici Curiae on behalf of Plaintiff and Appellant.

Ann Miller Ravel, County Counsel, Lizanne Reynolds, Deputy County Counsel, for County of Santa Clara, California State Association of Counties and League of California Cities as Amici Curiae on behalf of Plaintiff and Appellant.

Keker & Van Nest, LLP, Ethan A. Balogh, G. Whitney Leigh and Eumi K. Lee, San Francisco, for Defendant and Respondent.

GEMELLO, J.

Does the City Attorney's prior representation of the target of a public investigation in matters substantially related to that investigation require vicarious disqualification of the entire City Attorney's Office? We hold that it does. Public confidence in the administration of justice and the integrity of the bar requires that both the City Attorney and his office be disqualified.1

We expressly limit our holding to...

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