Pepper v. Superior Court

Opinion

THOMPSON, J.

Bernard Reich, attorney of record for Albert Pepper, the representative plaintiff in a class action against real party in interest, was removed as counsel by reason of a trial court determination of a conflict of interest. A petition to this court for an alternative writ reviewing that order was denied for unclean hands. Albert Pepper died leaving a will designating Reich as a co-executor. Relying upon its former order, the trial court refused to permit Reich to prosecute the class action in that capacity.

This petition, which we treat as one for a writ of mandate, raises…