California, United States of America
The following excerpt is from Lyle v. Superior Court, 122 Cal.App.3d 470, 175 Cal.Rptr. 918 (Cal. App. 1981):
2 The deposition transcript and the two sets of answers were submitted by plaintiff to support her argument that through the discovery proceedings, defendants were made aware that her attorneys might be called as witnesses and thus, the motion to disqualify made immediately before trial was untimely, pursuant to White v. Superior Ct., 98 Cal.App.3d 51, 159 Cal.Rptr. 278. The trial court, apparently believing defense counsel's assertions that the foregoing discovery materials gave no indication that the attorneys would be called as witnesses, determined that the motion was timely made. The trial court also determined that defendants' motion was not made to gain any tactical advantage. Because plaintiff does not raise this issue in her petition, we need not address the timeliness of defendants' motion to disqualify.
3 Rule 2-111(A)(4), effective at the time of Comden, provided:
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