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CITY OF SANTA BARBARA v. SUPERIOR COURT

No. B175204.

18 Cal.Rptr.3d 403 (2004)

122 Cal.App.4th 17

CITY OF SANTA BARBARA, Petitioner, v. The SUPERIOR COURT of Santa Barbara County, Respondent; Robert Stenson et al., Real Parties in Interest.

Court of Appeals of California, Second District, Division Six.

September 7, 2004.

Attorney(s) appearing for the Case

Stephen P. Wiley, City Attorney, City of Santa Barbara and Janet K. McGinnis, Assistant City attorney, for Petitioner.

No appearance for Respondent.

Hatch & Parent, a Law Corporation; Diane M. Matsinger and Eric Berg, Santa Barbara, for Real Parties in Interest.

YEGAN, J.

An attorney who switches sides during litigation is disqualified from representing his or her former adversary. The disqualification extends to the attorney's entire new law firm. But a city attorney's office is not a "law firm" within the meaning of the vicarious disqualification rule. As we shall explain, in an ordinary civil case, disqualification of a nonsupervisorial deputy city attorney should not result in the vicarious disqualification of the entire...

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