Legal Opinion
McPhearson v. Michaels Co.
California Court of Appeal
Decided March 4, 2002No. C034390PublishedCited by 7 opinions
1Opinion of the Court
Opinion
SCOTLAND, P. J.
Rick McPhearson (plaintiff) appeals from an order disqualifying his attorney, John M. Riestenberg, from representing plaintiff in a discrimination and harassment action against plaintiff’s employer, The Michaels Company (defendant). Following the holding in Gilbert v. National Corp, for Housing Partnerships (1999) 71 Cal.App.4th 1240 [84 Cal.Rptr.2d 204] (hereafter Gilbert),, the trial court disqualified Riestenberg because of a perceived conflict of interest arising out of his representation of another employee who entered into a confidential settlement agreement with…
2Cases cited10 opinions
- Flatt v. Superior CourtCalifornia Supreme Court · 1994
- Klemm v. Superior CourtCalifornia Court of Appeal · 1977
- Zador Corp. v. KwanCalifornia Court of Appeal · 1995
- Brown v. Pacific Electric Railway Co.California Court of Appeal · 1947
- Gilbert v. National Corp. for Housing PartnershipsCalifornia Court of Appeal · 1999
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3Cited by7 opinions
- Clark v. Superior CourtCalifornia Court of Appeal · 2011
- Farris v. Fireman's Fund InsuranceCalifornia Court of Appeal · 2004
- Sharp v. Next Entertainment Inc.California Court of Appeal · 2008
- Brand v. 20th Century Insurance/21st Century InsuranceCalifornia Court of Appeal · 2004
- SER Verizon West Virginia v. Hon. James A. Matish, Judge, etc.West Virginia Supreme Court · 2013
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