In Banning Ranch Conservancy v. Sup.Ct. (City of Newport Beach) (Cal. App. Fourth Dist., Div. 3; March 22, 2011) 193 Cal.App.4th 903, [123 Cal.Rptr.3d 348], a law firm previously represented city on an unrelated matter. It also entered into an agreement with the city to provide future legal services “as requested,” conditioned on the firm’s “ability to take on the matter.” Law firm subsequently represented a client in unrelated litigation against the city. The trial court found that the law firm presently represented the city and disqualified it from representing the opponent. The Court of Appeal reversed. There was no current attorney-client relationship between the firm and the city.
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