Manfredi & Levine v. Superior Court

78 Cal. Rptr. 2d 494, 66 Cal. App. 4th 1128
CourtCalifornia Court of Appeal
DecidedSeptember 23, 1998
DocketB117626
StatusPublished
Cited by13 cases

This text of 78 Cal. Rptr. 2d 494 (Manfredi & Levine v. Superior Court) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Manfredi & Levine v. Superior Court, 78 Cal. Rptr. 2d 494, 66 Cal. App. 4th 1128 (Cal. Ct. App. 1998).

Opinion

78 Cal.Rptr.2d 494 (1998)
66 Cal.App.4th 1128

MANFREDI & LEVINE, Petitioner,
v.
The SUPERIOR COURT of the County of Ventura, Respondent;
Steven Barles et al., Real Parties in Interest.

No. B117626.

Court of Appeal, Second District, Division Six.

September 23, 1998.

*496 Manfredi & Levine, Mary J. Rettberg, Matthew R. Eccles, Karpman & Associates and Diane L. Karpman, Westlake Village, for Petitioner.

No appearance for Respondent.

Kevin H. Louth, Ventura, Pyfrom & Associates and Gregory C. Pyfrom, for: Real Parties in Interest Gary Podolny and Julie Podolny.

Steven and Sandra Barles, in pro. per., for Real Parties in Interest.

GILBERT, Associate Justice.

Here, trial counsel moved to be relieved because of an ethical conflict. When counsel told the court he would not disclose any information concerning the conflict, the court summarily denied the motion. There was no abuse of discretion and we deny the writ of mandate.

FACTS

Real parties Steven and Sandra Barles ("the Barleses") retained petitioner law firm, Manfredi & Levine, ("Manfredi"), as their counsel. On August 15, 1996, they filed a lawsuit against real parties Gary and Judy Podolny ("the Podolnys"). Following months of intense litigation, the parties stipulated that the matter be heard in binding arbitration.

After seven days in arbitration, the Barles filed bankruptcy and obtained a stay of the proceedings. On October 29, 1997, the Podolnys obtained a vacation of the bankruptcy stay and sought to resume arbitration proceedings.

Manfredi claims that on November 7, 1997, it received unsolicited and confidential information. The information led it to believe it would be unethical to continue to represent the Barles in this case.

The Barles refused to substitute Manfredi out of the case. They claim that Manfredi has not disclosed to them the nature of the purported conflict.

Manfredi sought the advice of independent counsel, JoAnne Earls Robbins, a specialist in legal ethics. Robbins informed the law firm that ethically it could no longer represent the Barles in this case.

On November 20, 1997, Manfredi moved to withdraw as counsel. (Code Civ. Proc., § 284.) In support of the motion, it made a blanket assertion that it could not continue to provide representation without violating the State Bar Rules of Professional Conduct. The moving papers did not provide any details of the ethical dilemma. Manfredi alleged, however, that it could not disclose the information to its clients, the Barles, because to do so would violate the Rules of Professional Conduct.

The Podolnys opposed Manfredi's motion to withdraw. Referring mainly to the procedural history of this case, they contended that there had been a pattern of delaying tactics and that the motion was nothing but a ploy to further delay the arbitration and resolution of the lawsuit.

Respondent superior court heard the motion to withdraw. Counsel for Manfredi informed the court that the law firm played no part in creating the conflict. He assured the court that the assertion of conflict was not done for the purpose of delaying the proceedings.

To put it charitably, the trial court was skeptical of Manfredi's motive. It stated, "What we have here is the use of every [delaying] tactic known to man. And now they say they have some secret information which creates an unknown conflict which violates some kind of unknown State Bar rule. Please, it's hardly worth even discussing it."

The trial court requested that counsel disclose the nature of the conflict. Manfredi, invoking client confidentiality, would not reveal the facts upon which the assertion of the *497 ethical conflict is premised. The trial court rebuffed an effort by counsel to be further heard and denied the motion.

Manfredi seeks relief through a petition for a writ of mandate. It asserts that the trial court abused its discretion in improperly conditioning the granting of the motion upon the disclosure of confidential information. (See Aceves v. Superior Court (1996) 51 Cal. App.4th 584, 59 Cal.Rptr.2d 280; General Dynamics Corp. v. Superior Court (1994) 7 Cal.4th 1164, 1190, 32 Cal.Rptr.2d 1, 876 P.2d 487.)

We have stayed further proceedings and have issued an order to show cause.

DISCUSSION

I.

Standing of the Podolnys as Real Parties

The Podolnys have standing to oppose the petition for writ of mandate. A person or entity whose interest will be directly affected by writ proceedings has standing to appear in a writ matter. (Cal. Rules of Court, rule 56(a)(2); Aceves v. Superior Court, supra, 51 Cal.App.4th 584, 588, 59 Cal.Rptr.2d 280.) The granting of a motion to be relieved as counsel may work an injustice upon a third party. (E.g., Linn v. Superior Court (1926) 79 Cal.App. 721, 725, 250 P. 880.)

Granting the writ petition will further delay the litigation. The Podolnys therefore have standing to oppose this petition because it delays resolution of the lawsuit against them.

II.

Blanket Assertion of Conflict

Manfredi relies on Rules of Professional Conduct, rule 3-700(B)(2), which provides that counsel must withdraw if "[t]he member knows or should know that continued employment will result in violation of these rules or of the State Bar Act...." The California State Bar Act, set forth in Business and Professions Code section 6000 et seq, provides in section 6068, subdivision (e), that it is the duty of a lawyer "[t]o maintain inviolate the confidence, and at every peril to himself or herself to preserve the secrets, of his or her client."

On the other hand, the trial court has the power to "`... control in furtherance of justice, the conduct of its ministerial officers....'" (Comden v. Superior Court (1978) 20 Cal.3d 906, 916, fn. 4, 145 Cal.Rptr. 9, 576 P.2d 971.) It is vested with the solemn duty to maintain professionalism and ethics in the matters that are brought before it. (Townsend v. Superior Court (1998) 61 Cal. App.4th 1431, 1438-1439, 72 Cal.Rptr.2d 333; Cal Pak Delivery, Inc. v. United Parcel Service, Inc. (1997) 52 Cal.App.4th 1, 13, 60 Cal.Rptr.2d 207; Morrow v. Superior Court (1994) 30 Cal.App.4th 1252, 1262, 36 Cal. Rptr.2d 210.)

The determination whether to grant or deny a motion to withdraw as counsel lies within the sound discretion of the trial court. (People v. Brown (1988) 203 Cal.App.3d 1335, 1340, 250 Cal.Rptr. 762.) Where issues of confidentiality prevent "counsel from further disclosure and the court [accepts] the good faith of counsel's representations, the court should find the conflict sufficiently established and permit withdrawal." (Aceves v. Superior Court, supra, 51 Cal.App.4th 584, 592, 59 Cal.Rptr.2d 280, citing Uhl v. Municipal Court (1974) 37 Cal.App.3d 526, 527-528, 112 Cal.Rptr. 478 and Leversen v. Superior Court (1983) 34 Cal.3d 530, 539, 194 Cal.Rptr. 448, 668 P.2d 755.)

In Aceves, a deputy public defender discovered on the eve of trial that he had a conflict with his client and moved to be relieved. Counsel stated that he could not, without compromising his client's confidences and breaching his ethical duty, reveal the precise nature of the conflict. The office of the public defender, however, was willing to reveal sufficient information couched in general terms.

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Bluebook (online)
78 Cal. Rptr. 2d 494, 66 Cal. App. 4th 1128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manfredi-levine-v-superior-court-calctapp-1998.