Balandran v. Labor Ready, Inc.
Believing plaintiffs' counsel in a class action had an actual conflict of interest by representing two cross-defendants as well as the plaintiff class, defendants sought an order disqualifying counsel. The trial court granted the motion in part, concluding a potential for a conflict existed and requiring plaintiffs' counsel to choose between representing the class and representing the cross-defendants. Plaintiffs' counsel chose to continue representing the class, and withdrew from the representation of the cross‑defendants. Defendants appealed, arguing plaintiffs' counsel possessed an actual conflict and should have been disqualified from representing both the class and the cross-defendants. While the appeal was pending, plaintiffs' counsel withdrew from the representation of the class. As plaintiffs' counsel no longer represents any party in the litigation, the issue of whether the trial court erred in failing to order disqualification is moot. Court therefore dismiss the appeal.
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