Rosen v. Cream CA1/5
We consider whether the trial court properly granted a motion to disqualify an attorney and her law firm from representing Cream’s Dismantling, Inc. (the Company), Joseph Cream, Jr. (Joey), and Amanda Cream (Amanda) (collectively, Defendants). Jan Rosen (Rosen) is Joey’s sister and Amanda’s aunt. In 2011, the Sonoma County District Attorney filed criminal charges against the Company, Joey, Rosen, and their father, alleging violation of environmental laws in relation to the Company’s operations. During the criminal proceeding, there was a joint defense agreement between the attorney for Rosen and the attorney for the Company and Joey.
In 2016, Rosen sued Defendants alleging contamination of real property, and interference with her attempts to sell the property. Attorney Cannata’s law firm filed an answer to Rosen’s complaint on behalf of Defendants. Rosen moved to disqualify Attorney Cannata and her law firm. The trial court granted the motion. We affirm.
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