GREAT LAKES CONSTRUCTION, INC. v. BURMAN

No. B220034.

186 Cal.App.4th 1347 (2010)

GREAT LAKES CONSTRUCTION, INC., et al., Plaintiff, Cross-defendants and Respondents, v. JIM BURMAN et al., Defendants, Cross-complainants and Appellants, TED KIPERS, Cross-complainant, Cross-defendant and Appellant, THE DRAFTSMAN PLANNING AND DESIGN et al., Cross-defendants and Respondents.

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

July 27, 2010.


Attorney(s) appearing for the Case

Graham & Associates and Bruce N. Graham for Defendants, Cross-complainants and Appellants and for Cross-complainant, Cross-defendant and Appellant.

Law Offices of Harvey Stern and Harvey I. Stern for Plaintiffs, Cross-defendants and Respondents.

Liner Grode Stein Yankelevitz Sunshine Regenstreif & Taylor, David M. Cohen and Susan A. Swingle for Cross-defendants and Respondents.


OPINION

ALDRICH, J.

INTRODUCTION

Attorneys who jointly represent clients in the same action owe a duty of undivided loyalty to each of their clients and are subject to disqualification if an unwaivable conflict exists arising from the joint representation. We address whether a nonclient may enforce this duty of loyalty and move to disqualify opposing counsel. In this case, the parties seeking disqualification were not present...

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