SANTA CLARA
COURT OF SANTA
Filed 7/26/10
IN THE SUPREME COURT OF
COUNTY OF SANTA CLARA et al., )
)
Petitioners, )
) S163681
v. )
) Ct.App. 6
THE
SUPERIOR COURT OF SANTA ) No. H031540
CLARA COUNTY, )
) Santa Clara County
Respondent; ) Super. Ct. No. CV 788657
)
ATLANTIC RICHFIELD COMPANY )
et al., )
)
Real Parties in Interest. )
__________________________ )
STORY CONTINUE FROM
PART II….
As we have explained above, in the type of
public-nuisance abatement action being prosecuted in the present case,
disqualification of counsel need not be governed by the stringent
disqualification rules applicable to criminal prosecutors. Nevertheless, the role of the prosecutor
provides useful guidance concerning the type of discretionary decisions that
must remain with neutral government attorneys to ensure that the litigation is
conducted in a conflict-free manner. A
public prosecutor â€
| Description | A group of public entities composed of various California counties and cities (collectively referred to as the public entities) are prosecuting a public-nuisance action against numerous businesses that manufactured lead paint (collectively referred to as defendants). The public entities are represented both by their own government attorneys and by several private law firms. The private law firms are retained by the public entities on a contingent-fee basis. After summary judgment was granted in favor of defendants on various tort causes of action initially advanced by the public entities, the complaint eventually was amended to leave the public-nuisance action as the sole claim, and abatement as the sole remedy. Defendants moved to bar the public entities from compensating their privately retained counsel by means of contingent fees. The superior court, relying upon this court's decision in People ex rel. Clancy v. Superior Court (1985) 39 Cal.3d 740 (Clancy), ordered the public entities barred from compensating their private counsel by means of any contingent-fee agreement, reasoning that under Clancy, all attorneys prosecuting public-nuisance actions must be †|
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