Can I Get a Witness...

Doe v. Superior Court, No. D075331 (D4d1 Jun. 13, 2019)

The case deals with the no-contact rule, recently re-codified as Rule of Professional Conduct 4.2. Plaintiff is suing a College for sexual harassment. There’s another College Employee who was allegedly similarly harassed. Plaintiff’s Attorney reaches out to Employee #2 prior to her deposition. When the College learns about the contact, it moves to DQ Plaintiff’s Attorney under Rule 4.2. College argues that because Employee #2 was a College employee, Attorney made improper ex parte contact with a party represented in the litigation. The trial court granted the motion.

But that’s not right, and the Court of Appeal grants a writ.