California Court of Appeal

Trials court's denial of a motion to disqualify defendant's attorney from a derivative action during which he briefly represented certain defendants as well as limited liability company plaintiffs at the same time, is reversed in part and affirmed in part. If an attorney simultaneously represents a limited liability company and a member with conflicting interests in a derivative action filed by the second and only other member, and if the limited liability company's consent to concurrent representation is required by California Rules of Professional Conduct, rule 3-310, the second member has vicarious standing to move to disqualify.

Appellate Information

• Decided 02/02/2011
• Published 02/02/2011

Judges

• ASHMANN-GERST

Court

• California Court of Appeal

Counsel