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P1099 Although a nonclient may seek disqualification of an adversary's attorney on the ground that the attorney has obtained confidential information material to the case, the motion should not be granted unless the attorney was under a duty of fidelity or confidentiality to the nonclient and there is a likelihood that the attorney's continued representation will affect the outcome of the case.
OAKS MANAGEMENT v SUPERIOR COURT (Nonclient Disqualification) 145 CA4 453 [See: CCP 128; R of PC 3-310; Raley v Superior Court 149 CA3 1042]
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