Does a plaintiff have a conflict of interest claim against a defendant in a separate lawsuit?

California, United States of America


The following excerpt is from Brooklyn Navy Yard Cogeneration Partners, L.P. v. Superior Court (Parsons Corp.), 60 Cal.App.4th 248, 70 Cal.Rptr.2d 419 (Cal. App. 1997):

3 Our research revealed only one reported California decision which even touches upon the issues raised here. In Truck Ins. Exchange v. Fireman's Fund Ins. Co. (1992) 6 Cal.App.4th 1050, 8 Cal.Rptr.2d 228, plaintiffs' counsel was disqualified for undertaking a representation adverse to a "current client"--the defendant. Significantly, the opinion states plaintiffs' counsel "concedes" that its representation of "an entity related to [the defendant]" in concurrent, unrelated litigation made the defendant its "client" as well. (Id. at p. 1053, 8 Cal.Rptr.2d 228.) The opinion simply assumes the truth of this "concession" and does not analyze whether the defendant and its corporate affiliate should be treated as the same entity for conflict purposes.

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