Toyota Motor Sales, U.S.A., Inc. v. Superior Court

Opinion

WOODS, J.

Petitioners, defendants in an automobile product liability action, seek a writ of mandate to vacate a superior court order denying their motion to disqualify plaintiffs’ counsel. We deny the petition.

Factual and Procedural Background

In April 1994, plaintiffs (and real parties in interest) Nidia Elizabeth Chavez, Willivaldo Cruz, and Francisco Herrera were in a 1982 Toyota Corolla when it was rear-ended. Their Toyota rolled over and caught fire. Ms. Chavez, who was eight months pregnant, suffered substantial bum injuries and lost her child. Mr. Cruz and Mr. Herrera also were injured.

On November 23, 1994, plaintiffs filed the instant action alleging a Toyota Corolla design defect caused the fire and their resultant injuries.

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Plaintiffs’ counsel retained Ronald Elwell, a fuel system design engineering expert. On June 12, 1995, plaintiffs’ counsel and Ronald Elwell, in the presence of counsel for defendants-petitioners, inspected the subject 1982 Toyota Corolla.

On October 4,1995, defendants-petitioners moved to disqualify plaintiffs’ counsel. The motion stated plaintiffs’ counsel had “acquired confidential information while working with Ronald Elwell, who was a consultant to the Toyota Defendants on fuel system product liability litigation . . . prior to his retention by the Plaintiffs . . . .” Plaintiffs filed an opposition.

On November 28, 1995, the trial court (Superior Court Judge Judith C. Chirlin) heard and denied the motion.

On December 28, 1995, the instant petition was filed. On January 2, 1996, this court summarily denied the petition.

On January 12, 1996, a petition for review was filed with the California Supreme Court and on February 29, 1996, that court granted review, transferred the matter to this court with directions we vacate our denial order and issue an alternative writ.

On March 14, 1996, in compliance with those directions, we issued an alternative writ.