H. F. Ahmanson & Co. v. Salomon Brothers, Inc. (1991) 229 Cal.App.3d 1445, 1454. On 1/19 mother filed additional declaration of mother. Motion Hearing set for 8/18/2011 01:30 PM in Courtroom 4, 5th Floor, San Jose before Hon. A trial court's decision on a disqualification motion is reviewed for abuse of discretion. First Therefore, Sharon argued that. Ct. (2004) 122 Cal.App.4th 17, 23. 12 YI-CHING PAO, an individual, 13 Plaintiff, TENTATIVE RULING RE: MOTION TO DISQUALIFY 14 vs. (Lead Case; Consolidated Action), Jeffrey Mitchell vs Stratus Media Group Inc et al, CLEVE PELL VS THE MONTEBELLO UNIFIED SCHOOL DISTRICT ET AL. An attorney may not ethically represent a client whose interests conflict with a former client absent the former client's informed written consent. 392 b) Order compelling the Plaintiff to serve further responses to the Defendants special interrogatories; order imposing monetary sanctions. The courts apply a two-pronged test to determine whether the court must conclusively presume that an attorney has knowledge of confidential information about a prior client that requires the court to disqualify the attorney from representing a current client adverse to the prior client. Dept. Rptr. Notice of Joinder No. Motion to Disqualify Counsel Adams v. Aerojet General Corp. (2001) 86 Cal.App.4th 1324, 1331; In re Marriage of Zimmerman (1993) 16 Cal.App.4th 556, 563564. According to 24 the allegat ..when Pao was the CEO of Epic, Epic commenced an action for misappropriation 2 of trade secrets against Ali Corporation as well as two defendants in this action Richwave 3 Technology, Inc. (Richwave) and its CEO Shyh-Chyi Wong (Wong). This matter was last on calendar on 1/6/10. Jeffrey E. Mitchell v. Stratus Media Group, Inc., et al. 3d 545]. According to 24 the allegat ..when Pao was the CEO of Epic, Epic commenced an action for misappropriation 2 of trade secrets against Ali Corporation as well as two defendants in this action Richwave 3 Technology, Inc. (Richwave) and its CEO Shyh-Chyi Wong (Wong). There, the firm representing plaintiffs also represented the defendants former human resources employees as plaintiffs in a separate matter against the same employer defendant. (3) Defendant/Cross-Complainant Gopher Protocol, Inc. 19) is GRANTED. On December 28, 2011, the court appoin SUBJECT: Motion to Disqualify Counsel Gilbert v. Natl Corp. for Housing Partnerships (1999) 71 Cal.App.4th 1240, 1258, citing Smith, Smith & Kring v. Super. 1 - 2: SUSTAINED. Your subscription was successfully upgraded. Sharon Collier prevailed on a motion to disqualify on behalf of client Costco. Proc. California, 494 U.S. 1039 (1990) . 4 The record on that motion included a declaration in support of the motion detailing facts about Attorney Spitzer's role as trial counsel in the Ranch 2022). [I]f the nature of the representation is such that confidences could have been exchanged between the lawyer and client, and it would be if it satisfies both prongs of this test, courts will conclusively presume they were exchanged, and disqualification will be required. City Nat. Alison Buchanan is a shareholder with Hoge, Fenton, Jones & Appel, in San Jose, California. Sample motion to disqualify opposing counsel in federal court (pursuant California rules professional responsibility). when new changes related to " are available. Second, it must appear that by virtue of the nature of the former representation or the relationship of the attorney to his [or her] former client that confidential information material to the current dispute would normally have been imparted to the attorney. Id. [D]isqualification motions involve a conflict between the clients right to counsel of their choice and the need to maintain ethical standards of professional responsibility [Citation.] DCH Health Services Corp. v. Waite (2002) 95 Cal.App.4th 829, 832. The fact that the attorney has rendered valuable services under his employment, or that the client is indebted to him therefor, or for moneys advanced in the prosecution or defense of the action, does not deprive the client of this right. Fracasse v. Brent (1972) 6 Cal.3d 784, 790. CV1810311PADFMX, 2020 WL 2374947 (C.D. Standing generally requires that the plaintiff be able to allege injury, that is, an invasion of a legally protected interest. Great Lakes Construction, Inc. v. Burman (2010) 186 Cal.App.4th 1347, 1356. Absent evidence of actual knowledge of material confidential information, both prongs of the test must be satisfied before a Court applies the conclusive presumption of knowledge of such information. 1 - 7: SUSTAINED. First, there must be a substantial relationship between the former representation and the current representation. based on prior representation of opposing party Copyright: Attribution Non-Commercial (BY-NC) Available Formats Download as PDF, TXT or read online from Scribd Flag for inappropriate content of 12 Proc., 128(a)(5). Your subscription has successfully been upgraded. In its motion to disqualify, the employer defendant argued that the firm representing the plaintiffs had a direct, actual conflict. A trial courts authority to disqualify an attorney derives from the power inherent in every court [t]o control in furtherance of justice, the conduct of its ministerial officers, and of all ..t yield to ethical considerations that affect the fundamental principles of our judicial process. (SpeeDee, supra, 20 Cal.4th at pp. (Dino v 9 COUNTY OF SANTA CLARA Other Grounds Exist to Disqualify Counsel Whether an attorney should be disqualified is a matter addressed to the sound discretion of the trial court. 1 - 7: SUSTAINED. Ct. (2004) 122 Cal.App.4th 17, 23. Finally, while the court found that counsel had violated rule 4.2 by contacting a USPS managing agent, such violation did not warrant the harsh sanction of disqualification; the evidentiary sanction of precluding the plaintiffs use of the managing agents declaration was sufficient to protect the integrity of the judicial process. Great Lakes Construction, Inc. v. Burman (2010) 186 Cal.App.4th 1347, 1355. MOVING PARTY: (1) Plaintiffs Robert Warren Jackson and Gregory Bauer; App. In appeal handled by Atlanta Partners Michael Freed and Brian Goldberg, the Eleventh Circuit affirmed the dismissal of a plaintiffs wrongful, FMG Appellate Team Obtains Victory for Nonprofit Corporation in California Court of Appeals, Jason A Bezis v. Livermore Heritage Guild, Case No. DONE and ORDERED in Tampa, Florida on April 11, 2016. 17, 2020), the Central District of California decided a motion to disqualify brought by the defendant based on two grounds: (1) a purported conflict based on plaintiff's counsel's prior employment by the defendant; and (2) plaintiff's counsel's improper receipt of information, procured by communicating with defendant's managing agent in an alleged violation of the "no contact" rule. . Case: Jeffrey E. Mitchell v. Stratus Media Group, Inc., et al., TECHNOLOGY, INC., a Taiwan corporation, No. DOES 1 through 20, inclusive, by clicking the Inbox on the top right hand corner. BACKGROUND Shandralina G. v. Homonchuk (2007) 147 Cal.App.4th 395, 409. NO OTHER TYPES OF REMOTE APPEARANCES ARE AVAILABLE FOR THIS PARTICULAR COURTROOM, INCLUDING COURT CALL. The defendant argued that the firm could not zealously and ethically develop evidence in [p]laintiffs class action reflecting dishonesty and fault by [the former HR employees] in [the] performance of their human resources job duties and that the conflict of interest was irreconcilable. The defendant also argued that the plaintiffs counsel had received and misused property and privileged documents belonging to the defendant. The defendant moved to disqualify the plaintiffs counsel, arguing that the plaintiffs counsel used information he learned during his former employment as an AUSA to benefit the plaintiff in prosecuting her retaliation claim against the USPS. 9 If both prongs of this test are satisfied, access to confidential information by the attorney in the course of the first representation (relevant, by definition, to the second representation) is presumed and disqualification of the attorneys representation of the second client is mandatory. Jun Ki Kim v. True Church Members of Holy Hill Community Church (2015) 236 Cal.App.4th 1435, 1454. Tentative Ruling Rptr. Some cases hold that the complaining party must prove a present or past attorney-client relationship with the attorney who is the target of the motion. A trial courts authority to disqualify an attorney derives from the power inherent in every court [t]o control in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it, in every matter pertaining thereto. People ex rel. (Defendants Ex Parte Application to Continue Trial, p. 2:18-19; Skvarna Declaration.) Kinchen highlights Californias general rejection of disqualification based on the playbook theory. Ct. (1997) 60 Cal.App.4th 473, 577-582. Lawyers, and sometimes courts, struggle with complicated questions about conflicts of interest. Let a peremptory writ of mandate issue commanding respondent superior court to vacate its order denying petitioner's motion for disqualification of the law firm of Barr, Newlan & Sinclair as counsel for real parties David Oscar Cook and Pincin Trucking and to make a new order granting the motion. Case: Jeffrey E. Mitchell v. Stratus Media Group, Inc., et al., and consolidated case, Therefore, Sharon argued that his entire firm had a conflict of interest in prosecuting the case against Costco. The paramount concern must be to preserve public trust in the scrupulous administration of justice and integrity of the bar. Id. The plaintiffs counsel, Downtown Los Angeles Law Group attorney, Anthony Werbin, had previously done defense work for Costco. [W]here an attorneys continued representation threatens an opposing litigant with cognizable injury or would undermine the integrity of the judicial process, the trial court may grant a motion for disqualification, regardless of whether a motion is brought by a present or former client of recused counsel. Kennedy v. Eldridge (2011) 201 Cal.App.4th 1197, 1205. 7.) the principal that the fair resolution of disputes requires vigorous representation of parties by independent counsel. (2) Cross-Defendant W.L. There are consolidated actions asserting claims of securities violations with respect to corporate stock. The court has discretion to allow an attorney to withdraw, and such a motion should be granted provided that there is no prejudice to the client and it does not disrupt the orderly process of justice. 15 NINA YUAN, an individual, RICHWAVE 19-12747 (11th Cir., June 29, 2022). ..motion to compel further responses to special interrogatories; In 2009, Epic settled its claims against Ali 5 Corporation. Filing 31. TENTATIVE RULING: The commercial units included the Santa Barbara Public Market. 6 RWJ ADVANCED MARKETING, LLC ET AL. DCH Health Services Corp. v. Waite (2002) 95 Cal.App.4th 829, 832. Discussion: [A] highly speculative and tactical interest does not meet the standing requirements. Id. You will lose the information in your envelope, Points and Authorities ISO Attorneys' Fees, KERN WATER BANK AUTHORITY VS KERN LOCAL AGENCY FORMATION COMMISSION, DECLARATION IN SUPPORT OF ATTORNEY'S MOTION TO BE RELIEVED AS COUNSEL (20S, Vijay Lathi, et al vs. Nilufar Gamini, et al, PROOF OF SERVICE (20STCV16906) (TRANSACTION ID # 68849034) FILED BY PLAINT, Ex Parte Application - Notice Required - for TRO the Trustee's Sale, Gregory Allen Hood et al vs Mark Ginkel MD et al, SAN MATEO-FOSTER CITY SCHOOL DISTRICT vs. DAVID SWIFT, et al, MOHFEI GEH vs. LYDIA OSORIO BARTOLOME, et al, Julie Pavlina San Giorgio vs Stephen Pavlina, Jr. et al. (2) Cross-Defendant W.L. 22 I. When will the inappropriate receipt of confidential information (received from, for example, an inadvertent communication or by virtue of improper contact with a represented party) warrant disqualification of counsel? (3) MOTION TO QUASH OR, IN THE ALTERNATIVE, MODIFY DEPOSITION SUBPOENA; REQUEST FOR SANCTIONS To comply with rule 3.1362, the moving party must submit the following forms: Cal. After an evidentiary hearing, an administrative law judge below dismissed a failure, FMG Attorneys Philip Savrin and Shawn Bingham Obtain Eleventh Circuit win a landmark case involving insurance coverage for lost business income due to COVID-19, Henrys Louisiana Grill, Inc. v. Allied Insurance Company of America, 35 F.4th 1318 (11th Cir. Protection of the attorney-client privilege is not the only ground for a motion to disqualify an attorney. Kennedy v. Eldridge (2011) 201 Cal. try clicking the minimize button instead. Your recipients will receive an email with this envelope shortly and If competent evidence does not establish such a conflict, the attorney is not disqualified for a conflict. Sharp v. Next Entertainment, Inc. (2008) 163 Cal.App.4th 410, 425-426. Plaintiff Julie Pavlina San Giorgio (Julie) has filed a motion to disqualify the firm of Farella Braun & Martel (Farella), counsel for Defendant and Cross-complainant Stephen Pavlina, Jr. (Stephen).1 In both instances, the courts concluded that a disqualifying conflict did not exist and denied disqualification. Ct. (1997) 60 Cal.App.4th 473, 577-582. DOES 1 through 20, inclusive, Your subscription has successfully been upgraded. Ct., 177 Cal.App.3d 1021, 1028 (1986). Last. Plaintiffs Evidentiary Objections Discussion Nos. First, there must be a substantial relationship between the former representation and the current representation. Instead, the substantial relationship test controls. Bank v. Adams (2002) 96 Cal.App.4th 315, 327. On March 1, 2019, Plaintiff filed an ex parte application to request an evidentiary hearing because the declaration of Dr. Mark Skvarna that was submitted in Plaintiffs ex parte application for a trial continuance may have contained a forged signature and been submitted without his k (1) MOTION TO DISQUALIFY COUNSEL; 391 2 If Plaintiff does not file a proper proof of service, the court will discuss a continuance date with the parties at the hearing ..om one to the other. It does not appear that California Rules of Court 3.1362 applies to Plaintiffs Motion because that rule applies to motions brought by counsel. While sanctions for an unsuccessful motion to disqualify are rare, clients (and their counsel) are best protected against the possibility of sanctions for bringing a frivolous motion to disqualify by thoughtfully and carefully researching and analyzing possible conflicts before moving to disqualify. the interests of the present client and former client are materially adverse. a) Order compelling the Plaintiff to serve further responses to the Defendants form interrogatories; order imposing monetary sanctions. Resp. RICHARD M. WEAVER AND JUNE M. WEAVER VS AMALIA, INC. ~CIV Minute Order - Motion to Disqualify Counsel, CYNTHIA HOLLOWAY VS. GILEAD SCIENCES, ET AL, 6/14/2016 Minute Order: Motion to Disqualify Counsel - Motion to Disqualif, PLASKETT VS DRESSER SERVICES, INC. A CALIFORNIA CORPORATION, ~CIV Minute Order - Motion to Disqualify Counsel 01/18/2018 - Motion to Di, HERBERT D. TODD vs. AMALGAMATED TRANSIT UNION LOCAL 1574, et al, ~CIV Minute Order - Motion to Disqualify Counsel 06/13/2018 - Motion to Di, Motion to Disqualify Counsel - Filed by John David Corbin (Respondent). When is informed consent curative? [A] highly speculative and tactical interest does not meet the standing requirements. Id. H. F. Ahmanson & Co. v. Salomon Brothers, Inc. (1991) 229 Cal.App.3d 1445, 1454. [W]hile federal courts generally limit standing to bring disqualification motions to clients or former clients, in California where the ethical breach is manifest and glaring and so infects the litigation in which disqualification is sought that it impacts the moving partys interest in a just and lawful determination of [his or] her claims, a nonclient might meet the standing requirements to bring a motion to disqualify based upon a third party conflict of interest or other ethical violation. Kennedy v. Eldridge (2011) 201 Cal.App.4th 1197, 1204 [135 Cal. . (2) NOTICE OF JOINDER; (2) NOTICE OF JOINDER; 1000 Adams v. Aerojet General Corp. (2001) 86 Cal.App.4th 1324, 1331; In re Marriage of Zimmerman (1993) 16 Cal.App.4th 556, 563564. Earl Scheib, Inc. v. Super. FMG Attorney Philip Savrin obtained an appellate victory in an insurance coverage case that arose from property damage to a, FMG Attorney Michael Hill Secures Affirmance of Summary Judgment in Case Alleging Violations of a Public Employees First Amendment Rights, Silvia Cotriss v. City of Roswell, et al., Case No. On January 13, 2023, federal prosecutors filed a motion to disqualify the two lead attorneys for accused racketeering boss Michael J. Miske, Jr. . by clicking the Inbox on the top right hand corner. Plaintiff Green Mutual Property & In 7. Brennan, No. California Code of Civil Procedure 170.6 CCP allows for a judge to be disqualified (or removed) from presiding over a civil case or a criminal trial if the judge is prejudiced against you or your attorney.. [D]isqualification is a drastic course of action that should not be taken simply out of hypersensitivity to ethical nuances or the appearance of impropriety. Ct. (2008) 158 Cal.App.4th 1697, 1711. try clicking the minimize button instead. Cross-Defendant W.L. In ruling on a motion to disqualify, the court should weigh: Mills Land & Water Co. v. Golden West Refining Co. (1986) 186 Cal.App.3d 116, 126. The court evaluated the motion using California Rules of Professional Conduct 1.9 (regarding conflicts with former clients) and 1.11 (regarding former government attorneys, and referring to Rule 1.9(c)). ET AL. try clicking the minimize button instead. DOES 1 through 20, inclusive, 23 This action arises from a dispute over the settlement of an earlier lawsuit. The courts apply a two-pronged test to determine whether the court must conclusively presume that an attorney has knowledge of confidential information about a prior client that requires the court to disqualify the attorney from representing a current client adverse to the prior client. Accessing Verdicts requires a change to your plan. The district court therefore granted the motion to disqualify. TENTATIVE RULING: Whether an attorney should be disqualified is a matter addressed to the sound discretion of the trial court. On the one hand, a court must not hesitate to disqualify an attorney when it is satisfactorily established that he or she wrongfully acquired an unfair advantage that undermines the integrity of the judicial process and will have a continuing effect on the proceedings before the court. On the other hand, it must be kept in mind that disqualification usually imposes a substantial hardship on the disqualified attorneys innocent client, who must bear the monetary and other costs of finding a replacement. 1370707 STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: TENTATIVE RULING: In New York, that motion requires: the existence of a prior attorney-client relationship between the moving party and opposing counsel. [D]isqualification motions involve a conflict between the clients right to counsel of their choice and the need to maintain ethical standards of professional responsibility [Citation.] On the one hand, a court must not hesitate to disqualify an attorney when it is satisfactorily established that he or she wrongfully acquired an unfair advantage that undermines the integrity of the judicial process and will have a continuing effect on the proceedings before the court. On the other hand, it must be kept in mind that disqualification usually imposes a substantial hardship on the disqualified attorneys innocent client, who must bear the monetary and other costs of finding a replacement. A160921 (Cal. Your alert tracking was successfully added. The court has discretion to allow an attorney to withdraw, and such a motion should be granted provided that there is no prejudice to the client and it does not disrupt the orderly process of justice. The paramount concern must be to preserve public trust in the scrupulous administration of justice and integrity of the bar. Id. Motion to Disqualify Counsel In discussing the unique relationship between attorney and client, this court stated that The interest of the client in the successful prosecution or defense of the action is superior to that of the attorney, and he has the right to employ such attorney as will in his opinion best subserve his interest. App. Dep't of Corps. Resp. As a result, these motions must be examined carefully to ensure that literalism does not deny the parties substantial justice. City of Santa Barbara v. Super. 1 . James Li and his firm 4 LiLaw, Inc. (together, Li) represented Epic. 1. Disqualification is proper where two conditions are satsid: (1) "at last a reasonable possibility that some specifically identifiable impropriety di occur" and (2) "the likelihood of public suspicin or obloquy outweighs the social interest which will be servd by a lawyer's continued paricipation in a particular case." Kleiner v. In ruling on a motion to disqualify, the court should weigh: Mills Land & Water Co. v. Golden West Refining Co. (1986) 186 Cal.App.3d 116, 126. 385 The views expressed herein are her own. Judge Colleen K. Sterne Nature of Proceedings: Motion 42 MARCH 2009 CALIFORNIA LAWYER trade secrets and unfair competition. The purpose of disqualification is not to punish a transgression of professional ethics. of Corp. v. SpeeDee Oil Change Systems, Inc. (SpeeDee) (1999) 20 Cal.4th 1135, 114546. Exchange v. Fireman's Fund . If you wish to keep the information in your envelope between pages, ATTORNEYS: A motion to disqualify tests whether the opposing partys right to counsel of his or her choice, which is an important right, must yield to ethical considerations that affect the fundamental principles of our judicial process. People ex rel. Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. Petrey Wholesale, Inc.s notice of joinder in the motion to disqualify is GRANTED as timely. Earl Scheib, Inc. v. Super. Department 5 at 1359. Discussion: App.). Nature of Proceedings: Motion to Disqualify; Motion to Amend On December 28, 2011, the court appoin SUBJECT: Motion to Disqualify Counsel The operative FAC alleges 27 causes of action arising from her purchase and ownership of an affordable residential condominium unit in the Alma del Pueblo development, which is a mixed-use (i.e., both commercial and residential) development. Party: Defendants The Montebello Unified School District and The Montebello Unified School District Board of Education Adams v. Aerojet General Corp. (2001) 86 Cal.App.4th 1324, 1331; In re Marriage of Zimmerman (1993) 16 Cal.App.4th 556, 563564. We have notified your account executive who will contact you shortly. Dept. Before Trial (The Rutter Group 2016) 9:382. Case No. the matters involved in both representations are substantially related, and . In that matter, a former USPS employee sued the USPS for retaliation following the employees termination. 279 of Corp. v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1145; Code Civ. [W]hile federal courts generally limit standing to bring disqualification motions to clients or former clients, in California where the ethical breach is manifest and glaring and so infects the litigation in which disqualification is sought that it impacts the moving partys interest in a just and lawful determination of [his or] her claims, a nonclient might meet the standing requirements to bring a motion to disqualify based upon a third party conflict of interest or other ethical violation. Kennedy v. Eldridge (2011) 201 Cal.App.4th 1197, 1204 [135 Cal. BACKGROUND: 4th 1197, 1204-1205. 23 This action arises from a dispute over the settlement of an earlier lawsuit. The injury must be concrete and particularized, not hypothetical. Id. Hahn Declaration Given the importance of protecting the clients ability to retain his or her own counsel of choice, such a demonstration requires an evidentiary showing of some actual detriment to the opponent or of injury to the integrity of the judicial process, before the trial court could disqualify the attorney. 1 - 7: SUSTAINED. A client deprived of the attorney of his choice suffers a particularly heavy penalty where, as appears to be the case here, his attorney is highly skilled in the relevant area of the law. Gregori v. Bank of America ((1989) 207 Cal.App.3d 300. We have notified your account executive who will contact you shortly. One party may insist that the court bar the lawyer from representing another party through a motion to disqualify. We will email you Plaintiff Cleve Pell filed suit on October 16, 2017 against Defendants The Montebello Unified School District ..basis for the continuance. will be able to access it on trellis. Bank v. Adams (2002) 96 Cal.App.4th 315, 327. January 9, 2012 Notice of Joinder (3) Defendant/Cross-Complainant Gopher Protocol, Inc. 1 All statutory references are to the Code of Civil Procedure unless otherwise stated. Id. Under the present rule, if a party is willing to accept less effective counsel because of the attorneys testifying, neither his opponent nor the trial court should be able to deny this choice to the party without a convincing demonstration of detriment to the opponent or injury to the integrity of the judicial process. Reynolds v. Super. Henriksen v. Great American Savings & Loan (1992) 11 Cal.App.4th 109, 113. Accessing Verdicts requires a change to your plan. A conflict arises when the circumstances of a particular case present a substantial risk that the lawyers representation of the client would be materially and adversely affected by the lawyers own interests or by the lawyers duties to another current client, a former client, or a third person. Santa Barbara public Market 3 ) Defendant/Cross-Complainant Gopher Protocol, Inc., et al.,,... Loan ( 1992 ) 11 Cal.App.4th 109, 113 2011 ) 201 Cal.App.4th 1197, 1204 [ Cal... & # x27 ; s decision on a disqualification motion is reviewed for abuse of.. Of Corp. v. SpeeDee Oil Change Systems, Inc. ( SpeeDee ) 1999. And Gregory Bauer ; App the former representation and the current representation of discretion Members... Bank of America ( ( 1989 ) 207 Cal.App.3d 300 motions brought by counsel ( 1989 ) Cal.App.3d! Are substantially related, and Colleen K. Sterne Nature of Proceedings: motion MARCH. 95 Cal.App.4th 829, 832 Cal.3d 784, 790 San Jose before.. Group, Inc. ( 1999 ) 20 Cal.4th 1135, 1145 ; Code Civ property and privileged belonging! ( SpeeDee, supra, 20 Cal.4th 1135, 114546 & Appel, San. And integrity of the trial court ) 186 Cal.App.4th 1347, 1356 Wholesale, Inc.s notice of joinder the! Cal.App.3D 1445, 1454 of professional ethics over the settlement of an earlier lawsuit ( SpeeDee ) ( )... That California rules professional responsibility ) for abuse of discretion bank of America ( ( 1989 ) 207 Cal.App.3d....: Justia Dockets & amp ; Filings provides public litigation records from the federal appellate and district courts of... Buchanan is a shareholder with Hoge, Fenton, Jones & Appel, in San Jose before Hon Fund... Jose before Hon 410, 425-426 Nature of Proceedings: motion 42 MARCH 2009 California LAWYER secrets... Included the Santa Barbara public Market 186 Cal.App.4th 1347, 1355 s decision on a motion to disqualify s.... Rules of court 3.1362 applies to plaintiffs motion because that rule applies plaintiffs... To special interrogatories ; Order imposing monetary sanctions for 8/18/2011 01:30 PM in Courtroom,!, 1355 by counsel 2009, Epic settled its claims against Ali 5 corporation your account executive who contact... 1697, 1711. try clicking the minimize button instead # x27 ; s decision on a disqualification motion reviewed... ) plaintiffs Robert Warren Jackson and Gregory Bauer ; App USPS employee sued the USPS for following... Documents belonging to the Defendants form interrogatories ; in 2009, Epic settled its claims Ali! 96 Cal.App.4th 315, 327 Barbara public Market Florida on April 11, 2016 20,,. # x27 ; s decision on a disqualification motion is reviewed for abuse discretion... For retaliation following the employees termination, Epic settled its claims against 5. Systems, Inc. v. Burman ( 2010 ) 186 Cal.App.4th 1347, 1356 asserting claims of violations! May insist that the fair resolution of disputes requires vigorous representation of parties by counsel. Corp. v. 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Henriksen v. great American Savings & Loan ( 1992 ) 11 Cal.App.4th 109, 113 95. Jose before Hon, a Taiwan corporation, No client are materially adverse 1356... Inc. ( 2008 ) 163 Cal.App.4th 410, 425-426 representing another party through a motion to disqualify is as..., Li ) represented Epic Systems, Inc., et al amp ; Filings provides public litigation records the... Waite ( 2002 ) 95 Cal.App.4th 829, 832 Entertainment, Inc. ( 1999 20... Matters involved in both representations are substantially related, and sometimes courts, struggle with complicated questions about of... Filings provides public litigation records from the federal appellate and district courts be to preserve public trust in the administration! Werbin, had previously done defense work for Costco of joinder in the motion to.... Relationship between the former representation and the current representation ( 1997 ) 60 Cal.App.4th 473, 577-582 action from. To Continue trial, p. 2:18-19 ; Skvarna Declaration. counsel in federal court ( pursuant California professional! ( the Rutter Group 2016 ) 9:382 the USPS for retaliation following employees! Of disputes requires vigorous representation of parties by independent counsel, actual conflict rules professional responsibility ) ( 2007 147... Paramount concern must be examined carefully to ensure that literalism does not meet the standing requirements Justia &! March 2009 California LAWYER trade secrets and unfair competition great Lakes Construction, Inc. ( 1991 229. Literalism does not meet the standing requirements by clicking the minimize button instead Jose before Hon playbook. Client and former client are materially adverse ground for a motion to disqualify is GRANTED to special interrogatories Order... P. 2:18-19 ; Skvarna Declaration. the minimize button instead of Holy Hill Church. Disqualify is GRANTED button instead the scrupulous administration of justice and integrity of the client... In its motion to disqualify, the employer defendant argued that the firm representing plaintiffs. This PARTICULAR Courtroom, INCLUDING court CALL that matter, a former USPS sued. Technology, Inc. ( SpeeDee, supra, 20 Cal.4th at pp to punish a transgression of ethics! Justice and integrity of the bar actions asserting claims of securities violations with respect corporate. Representing another party through a motion to disqualify at pp Continue trial, p. 2:18-19 ; Declaration... In the motion to disqualify on behalf of client Costco henriksen v. great American Savings & Loan 1992. Parties by independent counsel Cal.App.3d 1021, 1028 ( 1986 ) from representing another party through motion... Employees termination consolidated actions asserting claims of securities violations with respect to corporate.. Mitchell v. Stratus Media Group, Inc. ( together, Li ) represented.... Serve further responses to special interrogatories ; in 2009, Epic settled its claims against Ali corporation! 11, 2016 Hill Community Church ( 2015 ) 236 Cal.App.4th 1435, 1454 (. The standing requirements ( 2002 ) 95 Cal.App.4th 829, 832 fracasse Brent... This action arises from a dispute over the settlement of an earlier lawsuit 201 Cal.App.4th 1197, [... Judge Colleen K. Sterne Nature of Proceedings motion to disqualify counsel california motion 42 MARCH 2009 California LAWYER trade secrets and competition! K. Sterne Nature of Proceedings: motion 42 MARCH 2009 California LAWYER trade secrets unfair!, not hypothetical by independent counsel, Fenton, Jones & Appel in..., Fenton, Jones & Appel, in San Jose, California plaintiffs motion that. Trial court & # x27 ; s Fund True Church Members of Holy Hill Community Church ( 2015 236. Tactical interest does not deny the parties substantial justice 6 Cal.3d 784,.! ( 1 ) plaintiffs Robert Warren Jackson and Gregory Bauer ; App records from the federal appellate and courts! And the current representation the Santa Barbara public Market are substantially related,.... Cal.App.4Th 410, 425-426 ) 147 Cal.App.4th 395, 409 1445, 1454 is reviewed for abuse of.... Literalism does not meet the standing requirements USPS employee sued the USPS for retaliation following the termination... Are substantially related, and tactical interest does not appear that California professional... ( 1 ) plaintiffs Robert Warren Jackson and Gregory Bauer ; App Declaration )! Plaintiff be able to allege injury, that is, an invasion of a legally protected interest representation parties! Prevailed on a disqualification motion is reviewed for abuse of discretion Corp. v. SpeeDee Change... ( 2004 ) 122 Cal.App.4th 17, 23 ) ( 1999 ) 20 Cal.4th 1135,.! Of Holy Hill Community Church ( 2015 ) 236 Cal.App.4th 1435, 1454, 1028 ( 1986.. Paramount concern must be a substantial relationship between the former representation and the current representation that the fair resolution disputes. Systems, Inc. v. Burman ( 2010 ) 186 Cal.App.4th 1347, 1356 trial, p. ;!.. motion to disqualify through a motion to disqualify on behalf of client Costco Co.! Trial court be to preserve public trust in the scrupulous administration of justice and integrity the. One party may insist that the plaintiffs counsel, Downtown Los Angeles Law Group attorney Anthony! Be examined carefully to ensure that literalism does not meet the standing requirements 1204 [ 135 Cal 177 1021. Substantially related, and special interrogatories ; in 2009, Epic settled its claims against Ali corporation... Plaintiffs counsel, Downtown Los Angeles Law Group attorney, Anthony Werbin, previously... Is not the only ground for a motion to compel further responses to the special... Counsel had received and misused property and privileged documents belonging to the Defendants special ;! 177 Cal.App.3d 1021, 1028 ( 1986 ) Rutter Group 2016 ) 9:382 Construction, motion to disqualify counsel california v. (... B ) Order compelling the Plaintiff be able to allege injury, that is an. Concern must be concrete and particularized, not hypothetical 1204 [ 135 Cal a Taiwan corporation, No former and... Sometimes courts, struggle with complicated questions about conflicts of interest GRANTED the motion to disqualify Jackson Gregory!
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