MacHado v. Superior Court

Opinion

MORRISON, J.

Petitioner Joe J. 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 conclude that although ordinarily a nonparty must file a separate action to prevent former counsel from continuing with an adverse representation, in this case Atherton has standing to make the motion because he is alleged to be the alter ego and coconspirator of a party, and because this case was filed in order to evade a prior disqualification order in a related…