Reich v. Club Universe

In Reich v. Club Universe (1981) 125 Cal. App. 3d 965, plaintiff's counsel in a class action failed to appeal an order disqualifying him from serving as counsel for the class. At the time, he was under the impression that the order was not appealable. He argued that defense counsel did nothing to dissuade him from this belief in the course of correspondence discussing "possible dispositions and appeals" and therefore defendants should be estopped from asserting the finality of the order. The court found that the letters were "wholly inadequate to establish that any kind of fraud was practiced on plaintiff." ( Reich v. Club Universe, supra, 125 Cal. App. 3d at p. 970.)