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MACHADO v. SUPERIOR COURT

No. C052442.

55 Cal.Rptr.3d 902 (2007)

148 Cal.App.4th 875

Joe J. MACHADO et al., Petitioners, v. The SUPERIOR COURT of San Joaquin County, Respondent, Michael Atherton et al., Real Parties in Interest.

Court of Appeal of California, Third District.

March 20, 2007.

Attorney(s) appearing for the Case

Freidberg & Parker, Edward Freidberg, Alan W. Foutz, Sacramento, and Susanna V. Pullen for Petitioners.

No appearance for Respondent.

Morgan, Miller & Blair and Joshua D. Cohen, Walnut Creek, for Real Parties in Interest.

MORRISON, J.

Petitioner Joe Machado challenges an order disqualifying his counsel, Ed Freidberg in a pending action. The motion was filed by a nonparty, Michael Atherton, Freidberg's former client and business partner. We find Atherton had standing to make the motion and a disqualification order in a related case precludes relitigation of the merits. We deny the writ.

FACTUAL AND PROCEDURAL

BACKGROUND

This matter involves three superior...

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