Reed v. Superior Court

Opinion

VOGEL (C. S.), P. J.

Introduction

We hold an appeal from a pretrial order denying a motion to disqualify opposing counsel for a conflict of interest does not, automatically, stay all trial proceedings pursuant to Code of Civil Procedure section 916, subdivision (a), 1 which provides, in pertinent part, “the perfecting of an appeal stays proceedings in the trial court upon the judgment or order appealed from or upon the matters embraced therein or affected thereby.” An order denying disqualification of counsel is appealable as an order on a collateral matter or an order denying an…