Continental Ins. Co. v. Superior Court (1995) 32 Cal.App.4th 94, involved numerous petitions arising from wrongful death and personal injury actions concerning a fire at a Los Angeles high-rise building. Defendants filed a motion to disqualify plaintiffs' counsel and his law firm because plaintiffs' counsel indicated to a former employee of one of the defendants, who was a witness, that he represented defendant. (Id. at p. 99.) There were competing declarations from the witness and plaintiffs' counsel. (Id. at pp. 100-101.) The trial court denied the motion to disqualify plaintiffs' counsel, on the condition that the witness not testify. (Id. at p. 103.) The court of appeal concluded the trial court abused its discretion in conditioning the denial of the attorney disqualification motion on the exclusion of the witness. (Id. at p. 108.) The court reasoned there was no legal or factual basis to support the conclusion "'petitioner's' . . . blatantly and intentionally abused the litigation process.'" (Ibid.) The court also held the trial court failed to conclude the content of the witness's testimony was improperly influenced by the plaintiffs' attorney. (Id. at p. 109.)