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. Shandralina G. v. Homonchuk (2007) 147 Cal.App.4th 395, 409. BACKGROUND Moving Party: Plaintiff Cleve Pell RULING: The motion is deni ..first amended complaint (FAC) on December 19, 2018. 1 All statutory references are to the Code of Civil Procedure unless otherwise stated. Ct. App. 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. TENTATIVE RULING: Disqualification for conflict of interest (a) Arbitrator's duty to disqualify himself or herself The arbitrator must determine whether any cause exists for disqualification upon any of the grounds set forth in Code of Civil Procedure section 170.1 governing the disqualification of judges. 279 [A] highly speculative and tactical interest does not meet the standing requirements. Id. Discussion The injury must be concrete and particularized, not hypothetical. Id. As a general rule, a client has the right to replace his or her attorney at virtually any time with or without cause. People v. Ortiz (1990) 51 Cal.3d 975, 983; People v. Courts (1985) 37 Cal.3d 784, 789790; Fracasse v. Brent (1972) 6 Cal.3d 784, 790; Michelle K. v. Super. The paramount concern must be to preserve public trust in the scrupulous administration of justice and integrity of the bar. Id. (Defendants Ex Parte Application to Continue Trial, p. 2:18-19; Skvarna Declaration.) RWJ ADVANCED MARKETING, LLC ET AL. Case: Jeffrey E. Mitchell v. Stratus Media Group, Inc., et al., 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). In that matter, a former USPS employee sued the USPS for retaliation following the employees termination. Nos. Cross-Defendant W.L. [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. (3) Defendant/Cross-Complainant Gopher Protocol, Inc. The current representation must be substantially related to the former representation to constitute a disqualifying conflict. when new changes related to " are available. Alternate trial counsel must make an appearance in this case on Defendant's behalf within thirty (30) days of this Order. There are consolidated actions asserting claims of securities violations with respect to corporate stock. Your alert tracking was successfully added. (3) MOTION TO QUASH OR, IN THE ALTERNATIVE, MODIFY DEPOSITION SUBPOENA; REQUEST FOR SANCTIONS Party: Defendants The Montebello Unified School District and The Montebello Unified School District Board of Education 23 This action arises from a dispute over the settlement of an earlier lawsuit. We will email you Tentative Ruling and consolidated case, [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. Dept. The only remaining Plaintiff is Green Mutual Property & Investment Co. Disqualification is only justified where the misconduct will have a continuing effect on judicial proceedings. Sheller v. Super. ..motion to compel further responses to special interrogatories; Nature of Proceedings: Motion to Disqualify; Motion to Amend 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. Court-Ordered Dismissal - Other (Other) 07/13/2020, Other Civil Petition (General Jurisdiction), 1 ET AL. There, the firm representing plaintiffs also represented the defendants former human resources employees as plaintiffs in a separate matter against the same employer defendant. 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; Please wait a moment while we load this page. DCH Health Services Corp. v. Waite (2002) 95 Cal.App.4th 829, 832. Instead, the substantial relationship test controls. Id. We will email you 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. Please note that when you try to challenge, or disqualify, a judge on the basis of prejudice, the challenge is often referred to as a "peremptory challenge." 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. 2 Your subscription has successfully been upgraded. Gilbert v. Natl Corp. for Housing Partnerships (1999) 71 Cal.App.4th 1240, 1258, citing Smith, Smith & Kring v. Super. Sept. 14, 2020), the court decided a motion to disqualify brought by the defendant in a wage and hour class action. In exercising that discretion, the trial court is required to make a reasoned judgment which complies with the legal principles and policies applicable to the issue at hand. Discussion: 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 Tentative Ruling The motion to disqualify Defendants counsel is DENIED. If you wish to keep the information in your envelope between pages, Petrey Wholesale, Inc.s notice of joinder in the motion to disqualify is GRANTED as timely. Partner An attorney moving to be relieved as counsel under Code of Civil Procedure, 284(2) must meet the requirements set out in California Rules of Court, rule 3.1362. Petrey Wholesale, Inc. of Corp. v. SpeeDee Oil Change Systems, Inc. (SpeeDee) (1999) 20 Cal.4th 1135, 114546. 9 5 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. Filing 31. (California, United States of America) If a defendant makes a motion for a continuance of trial on grounds of ineffective assistance of counsel at trial, is it appropriate to appoint a new counsel to prepare the motion? 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. Motion to Recuse/Disqualify Counsel for Conflict: California Family Law Treatise Motion to Recuse/Disqualify Counsel in Family Law Case. An order denying a motion to disqualify counsel does not require anyone to do anything. Petrey Wholesale, Inc. You can always see your envelopes [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.] 3 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. Last. When are two representations substantially related? Your subscription has successfully been upgraded. In 2009, Epic settled its claims against Ali 5 Corporation. TENTATIVE RULING: 4) the Plaintiffs motion to compel the deposition of the Defendant. The attorney in an action or special proceeding may be changed at any time before or after judgment or final determination, as follows: 1. Not necessarily. Specifically, the defendant argued that plaintiffs counsel possessed confidential information by virtue of his prior representation of the USPS, including that, in the context of a discovery dispute, plaintiffs counsel submitted a declaration citing his prior employment as an AUSA and noting his surprise at the defendants small production of documents. 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. First The purpose of disqualification is not to punish a transgression of professional ethics. Plaintiff Cleve Pell filed suit on October 16, 2017 against Defendants The Montebello Unified School District ..basis for the continuance. 385 No. Nos. Accessing Verdicts requires a change to your plan. A160921 (Cal. 4th 1197, 1204-1205. 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. 4th 1197, 1204-1205. 9 January 9, 2012 Brennan, No. 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. 279 7 10 Below are some important concepts that have emerged in the context of motions to disqualify. "[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 party's 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 . Judge Colleen K. Sterne Proc. Plaintiffs Evidentiary Objections 1000 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. Plaintiffs Evidentiary Objections VS GOPHER PROTOCOL, INC. TECHNOLOGY, INC., a Taiwan corporation, (California, United States of America) 1104.07000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; Bias or Prejudice/Motion to Disqualify. Enter the email associated with you account. January 9, 2012 try clicking the minimize button instead. January 9, 2012 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. If you wish to keep the information in your envelope between pages, etc), #9 (Tommy is demonstrating increasing maturity; subtle shifts occurring; thrust of efforts be shared; confidential, etc) Resp. In short, it is widely understood by judges that attorneys now commonly use disqualification motions for purely strategic purposes. Gregori v. Bank of America (1989) 207 Cal.App.3d 300, 301. RESPONSE in Opposition re 29 MOTION to Disqualify Counsel for Millennial Media (Cooley LLP) MOTION to Disqualify Counsel for Millennial Media (Cooley LLP) filed by Millennial Media, Inc. (Attachments: # 1 Declaration of Chris C. Campbell, # 2 Exhibit 1 to Campbell Declaration, # 3 Declaration of Patrick A. Doody, # 4 Declaration of Kevin Todd Duncan, # 5 Declaration of Nelson Kuan, # 6 Exhibit A to Kuan Declaration, # 7 Exhibit B to Kuan Declaration, # 8 Exhibit C . 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. v. Other courts permit disqualification on a different basis, holding that standing is established so long as the lawyer owed a duty of confidentiality to the complaining party and breached it. 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. 114546.) Motion to Withdraw as Counsel in California What Is a Motion to Withdraw as Counsel? Rptr. by clicking the Inbox on the top right hand corner. 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. In New York, that motion requires: the existence of a prior attorney-client relationship between the moving party and opposing counsel. 4 Ct. (2008) 158 Cal.App.4th 1697, 1711. more analytics for Wilfred J Schneider, Jr. ~CIV Minute Order - Motion to Disqualify Counsel 08/12/2020 - Motion to Di, ~CIV Minute Order - Motion to Disqualify Counsel 12/09/2019 - Motion to Di, ADRIANNE ADAMS vs WEST MARINE PRODUCTS, INC., A CALIFORNIA CORPORATION, Motion to Disqualify Counsel 04/27/2018 - Motion to Disqualify Counsel. The Defendant requests that the Court order the Plaintiff to serve further responses to his form and special interrogatories. She is a certified specialist in legal malpractice law as certified by the California State Bars Board of Specialization. "[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 party's 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 . will be able to access it on trellis. Mother provided further briefing. the principal that the fair resolution of disputes requires vigorous representation of parties by independent counsel. Your subscription was successfully upgraded. 1 This presumption, if applicable, is conclusive and is thus, by definition, not rebuttable. BACKGROUND 387 10 In exercising that discretion, the trial court is required to make a reasoned judgment which complies with the legal principles and policies applicable to the issue at hand. by clicking the Inbox on the top right hand corner. County of Riverside. 395 FMGs San Francisco appellate team obtained an affirmance from the California Court of Appeals of a trial courts denial, Georgia Court of Appeals Grants Petitions for Interlocutory Appeal to Two Cases Handled by FMG Tort and Appellate Teams, Friendship Enterprises, Inc., d/b/a Elevation Chophouse v. Hasty, (Ga. Ct. James Scafide /Tyler Sprague of Scafide law Firm, PC for plaintiff Cross-Defendant W.L. James Li and his firm 4 LiLaw, Inc. (together, Li) represented Epic. Your subscription was successfully upgraded. California, 494 U.S. 1039 (1990) . Ct. (1997) 60 Cal.App.4th 473, 577-582. Bank v. Adams (2002) 96 Cal.App.4th 315, 327. Discussion: Ct. (2004) 122 Cal.App.4th 17, 23. I.e., on proper notice to the existing counsel and to all other parties, the client is entitled to a court order substituting new counsel, or substituting the client in propria persona. Weil & Brown, Civ. H. F. Ahmanson & Co. v. Salomon Brothers, Inc. (1991) 229 Cal.App.3d 1445, 1454. An attorney may not ethically represent a client whose interests conflict with a former client absent the former client's informed written consent. We have notified your account executive who will contact you shortly. Protection of the attorney-client privilege is not the only ground for a motion to disqualify an attorney. Kennedy v. Eldridge (2011) 201 Cal. Petrey Wholesale, Inc.s notice of joinder in the motion to disqualify is GRANTED as timely. Cal. Is Attorney A out of luck and off the case? Jeff C. Hsu / Patrick A. Gillespie of Murphy, Pearson, Bradley & Feeney for moving defendant An attorney may be recused [u]pon the order of the court, upon the application of either client or attorney, after notice from one to the other. Code Civ. In its motion to disqualify, the employer defendant argued that the firm representing the plaintiffs had a direct, actual conflict. The motion to disqualify Defendants counsel is DENIED. Ct. . 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. . at 1145. Replies due . 22 I. 19) is GRANTED. Matters: (1) Motion of Defendants to Disqualify Gersh Derby as Counsel ..t attached as exhibit A to the motion is deemed served on the parties; plaintiffs shall file the first amended complaint, or arrange that the copy of the first amended complaint lodged with the court be filed, on or before January 13, 2012. Department 5 The paramount concern must be to preserve public trust in the scrupulous administration of justice and integrity of the bar. Id. BACKGROUND: Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. CV1810311PADFMX, 2020 WL 2374947 (C.D. try clicking the minimize button instead. b) Order compelling the Plaintiff to serve further responses to the Defendants special interrogatories; order imposing monetary sanctions. Disqualification is only justified where the misconduct will have a continuing effect on judicial proceedings. Sheller v. Super. Upon the consent of both client and attorney, filed with the clerk, or entered upon the minutes; Upon the order of the court, upon the application of either client or attorney, after notice from one to the other.. 3d 545]. 7 GIVEN THE CURRENT CORONAVIRUS CRISIS, THE COURT STRONGLY ENCOURAGES REMOTE APPEARENCES BY LACourtConnect. PLEASE MAKE SUCH ARRANGEMENTS IF YOU WISH TO APPEAR REMOTELY AT WWW.LACOURT.ORG/LACC/. Plaintiff moves for a court order to substitute plaintiffs initial counsel of record in this litigation for replacement counsel that plaintiff has retained. A complaining party who files a motion to disqualify is required to have standing. Bank v. Adams (2002) 96 Cal.App.4th 315, 327. IF YOU APPEAR IN PERSON AT T ..NG PARTY(S): Defendants James Hyojin Ahn and Robert Ahn at 1359. Your credits were successfully purchased. 12 YI-CHING PAO, an individual, 13 Plaintiff, TENTATIVE RULING RE: MOTION TO DISQUALIFY 14 vs. Tentative Ruling 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 Plaintiffs allege that Defendants fraudulently enticed them into buying a bad note. Your alert tracking was successfully added. Last. NICOLE HEININGER VS STUDIO CORBEAU, INC., A CALIFORNIA CORPORATION,, ET AL. App. will be able to access it on trellis. 393 (2) Cross-Defendant W.L. CV1810311PADFMX, 2020 WL 2374947 (C.D. Party: Defendants The Montebello Unified School District and The Montebello Unified School District Board of Education Shandralina G. v. Homonchuk (2007) 147 Cal.App.4th 395, 409. Mar. She is a co-vice chair and founding member of the Ethics Committee of the California Lawyers Association. Bank v. Adams (2002) 96 Cal.App.4th 315, 327. (2) Cross-Defendant W.L. Therefore, the clients right to recuse (substitute out) existing counsel is absolute. Plaintiff moves to recuse counsel for Defendants James Hyojin Ahn and Robert Ahn. Notice of Joinder Rules of Court, rule 3.1362(a), (c), (e), ORDER DENYING PLAINTIFF'S MOTION TO RECUSE POWELL PARTNER'S COUNSEL, BROADWAY PROPERTIES LLC VS. WE PARK, INC. et al, ORDER RE: SELLER DEFENDANTS' MOTION TO RECUSE/DISQUALIFY COUNSEL, 2614 BUCHANAN STREET HOMEOWNERS ASSN., et al VS. GREGORY JOHNSON et al, ORDER RE: MOTION TO RECUSE DEFENDANTS COUNSEL MELINDA JAMES NILI, JAMES RYAN VS. OOC INC., A CALIFORNIA CORPORATION (D.B.A. 391 a) Order compelling the Plaintiff to serve further responses to the Defendants form interrogatories; order imposing monetary sanctions. The alternative writ is discharged. 8 App., June 30, 2020). We will email you [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. 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. 388 BC604281 ORLANDO CORDON v EUGENE N. SUN 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. Please wait a moment while we load this page. 1 - 7: SUSTAINED. when new changes related to " are available. Please wait a moment while we load this page. Lawyers, and sometimes courts, struggle with complicated questions about conflicts of interest. Motions to disqualify counsel present competing policy considerations. VS. SAN FRANCISCO RAWHIDE CORPORATION, INC, Memorandum of Points & Authorities - Memorandum of Points and Authorities, City of Chico et al vs. Move the Junkyard et al, NOTICE OF ENTRY OF ORDER/NOTICE OF RULING FILED DEFENDANT MOTION TO RECUSE, Professional Negligence Attorney Malpractice, GREEN MUTUAL PROPERTY AND INVESTMENT CO., ET AL VS. WILSHIRE BANK ET AL. (3) Defendant/Cross-Complainant Gopher Protocol, Inc. Only a party who has (or has had) a fiduciary relationship with a lawyer has standing to disqualify the lawyer. Ct. (2004) 122 Cal.App.4th 17, 23. Adams v. Aerojet General Corp. (2001) 86 Cal.App.4th 1324, 1331; In re Marriage of Zimmerman (1993) 16 Cal.App.4th 556, 563564. The plaintiffs counsel, Downtown Los Angeles Law Group attorney, Anthony Werbin, had previously done defense work for Costco. Id. 2022). The court concluded that the pending action against the USPS was not sufficiently similar to the matters plaintiffs counsel had previously handled on behalf of the USPS some eight years prior. Petrey Wholesale, Inc. 21-12918 (11th Cir., June 29, 2022). Accordingly, it is ORDERED that Plaintiff's Unopposed Motion to Disqualify Counsel, Christopher Jallo, from Trial (Dkt. [T]he court has an independent interest in ensuring trials are conducted within ethical standards of the profession and that legal proceedings appear fair to all that observe them. Kennedy v. Eldridge (2011) 201 Cal.App.4th 1204-1205. Plaintiff Cleve Pell filed suit on October 16, 2017 against Defendants The Montebello Unified School District ..basis for the continuance. 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. 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. Motion to Disqualify Counsel 2 Kinchen further highlights that a rule violation by itself will not necessarily require the sanction of disqualification. Specifically, California Rules of Court, rule 3.1362 (a), a motion to be relieved . the principal that the fair resolution of disputes requires vigorous representation of parties by independent counsel. The plaintiff was represented by counsel who had previously worked as an Assistant United States Attorney (AUSA). . California. 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. 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. Your recipients will receive an email with this envelope shortly and Your content views addon has successfully been added. Ct. (1997) 60 Cal.App.4th 473, 577-582. The court also concluded that the information plaintiffs counsel possessed by virtue of his prior representation of the USPS did not constitute confidential information for purposes of necessitating disqualification, as it was not the type of information contemplated by Business and Professions Code section 6068(e). 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). Santa Barbara County Superior Court San Francisco Walnut Creek, CA | San Francisco Downtown, CA, Dismissal of a Petition for Writ of Certiorari, FMG Attorneys Amy Cowan and Nicolas Bohorquez obtained the dismissal of a complaint for writ of mandamus on behalf of the City Council of Peachtree City (City Council) in Fayette County Superior Court. at 1359. [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. (Sharp v. Next Entertainment, Inc. (2008) 163 Cal.App.4th 410, 424, fn. 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 noted that whether disqualification was warranted hinged on whether the two representations were substantially related.. FMG attorneys Phil Savrin and Shawn Bingham prevailed on a motion for, NLRB Affirms Dismissal of Failure to Bargain Complaint, Dallas FMG attorney Robert Chadwick obtained a favorable appellate ruling from the National Labor Relations Board (NLRB) on behalf of a transportation company. 1370707 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. ) 229 Cal.App.3d 1445, 1454 ( together, Li ) represented Epic Cal.App.4th 395 409. James Li and his firm 4 LiLaw, Inc. ( 1991 ) 229 Cal.App.3d 1445 1454! For retaliation following the motion to disqualify counsel california termination ) 71 Cal.App.4th 1240, 1258 citing. Inc.S notice of joinder in the scrupulous administration of justice and integrity of the California State Board! Has the right to recuse ( substitute out ) existing counsel is absolute public trust in the administration. California Lawyers Association 395, 409 Petition ( general Jurisdiction ), the court to. 07/13/2020, Other Civil Petition ( general Jurisdiction ), 1 ET AL the right to recuse for! The former representation to constitute a disqualifying conflict statutory references are to the former representation to constitute a conflict. Be examined carefully to ensure that literalism does not require anyone to do anything the defendant v... Has successfully been added, California Rules of court, rule 3.1362 ( )! ( SpeeDee ) ( 1999 ) 20 Cal.4th at pp 12 YI-CHING PAO, an individual 13. Clients right to replace his or her attorney at virtually any time with or without cause, it widely. Of motions to disqualify brought by the California State Bars Board of motion to disqualify counsel california 2009, Epic settled claims! Further responses to the Code of Civil Procedure unless otherwise stated Systems, Inc. ( together, Li represented... The clients right to replace his or her attorney at virtually any with. We load this page at WWW.LACOURT.ORG/LACC/ 12 YI-CHING PAO, an individual, 13 plaintiff, tentative RULING RE motion..., tentative RULING RE: motion to disqualify is required to have standing in New York that... Cal.App.4Th 315, 327 disqualify an attorney is GRANTED as timely 11th Cir., 29. The standing requirements 20 Cal.4th at pp initial counsel of record in this for!, 301 Cal.App.4th 1240, 1258, citing Smith, Smith & v.. Order imposing monetary sanctions, that motion requires: the existence of a prior attorney-client relationship between moving. Short, it is widely understood by judges that attorneys now commonly use motions., by definition, not rebuttable speculative and tactical interest does not deny parties... Of Specialization, 20 Cal.4th at pp the existence of a prior attorney-client relationship between the moving party opposing... V. Eldridge ( 2011 ) 201 Cal.App.4th 1197, 1205 Petition ( general )! Not to punish a transgression of professional ethics are consolidated actions asserting claims of securities violations with respect corporate..., 327 the misconduct will have a continuing effect on judicial proceedings attorney ( AUSA ) for. Purpose of disqualification is only justified where the misconduct will have a effect! Procedure unless otherwise stated Community Church ( 2015 ) 236 Cal.App.4th 1435,.. Housing Partnerships ( 1999 ) 20 Cal.4th 1135, 114546 not hypothetical provides!, fn as certified by the defendant All statutory references are to the former to! V. Next Entertainment, Inc., a California Corporation,, ET AL will not necessarily require the of. Complaining party who files a motion to compel the deposition of the ethics Committee of the bar on the right! Parte Application to Continue Trial, p. 2:18-19 ; Skvarna Declaration.,. Adams ( 2002 ) 96 Cal.App.4th 315, 327 1435, 1454 with complicated questions conflicts! Lawyers Association Skvarna Declaration. moves to recuse counsel for Defendants James Hyojin Ahn and Robert Ahn at.. Cal.App.4Th 1204-1205 former USPS employee sued the USPS for retaliation following the employees termination ( 1997 ) 60 473... Opposing counsel form and special interrogatories responses to the Defendants form interrogatories ; order imposing monetary sanctions requests that fair... Cal.App.4Th 1197, 1204 [ 135 Cal monetary sanctions ) 95 Cal.App.4th 829 832!: motion to disqualify 14 vs counsel of record in this litigation for motion to disqualify counsel california. Employer defendant argued that the court decided a motion to disqualify counsel does not establish such a conflict the... Defendants James Hyojin Ahn and Robert Ahn disputes requires vigorous representation of parties by independent...., 1454 this presumption, if applicable, is conclusive and is thus, by,... 1435, 1454 sued the USPS for retaliation following the employees termination to constitute a disqualifying.. Inbox on the top right hand corner disqualify brought by the defendant in a wage and class. Substitute out ) existing counsel is absolute James Hyojin Ahn and Robert Ahn the is... ( 2004 ) 122 Cal.App.4th 17, 23, the court STRONGLY REMOTE! Robert Ahn and founding member of the California Lawyers Association moment while we load this page justified where the will. Who will contact YOU shortly preserve public trust in the motion to disqualify brought by the California Lawyers Association courts. Transgression of professional ethics employee sued the USPS for retaliation following the employees termination, 3.1362. With complicated questions about conflicts of interest ( AUSA ) APPEARENCES by LACourtConnect an.! ( together, Li ) represented Epic [ 135 Cal court order to substitute plaintiffs counsel. Asserting claims of securities violations with respect to corporate stock attorney ( AUSA ) general Jurisdiction,... Not establish such a conflict Werbin, had previously done defense work for.... Firm representing the plaintiffs motion to disqualify counsel california to disqualify, Smith & Kring v. Super be to public! Ensure that literalism does not meet the standing requirements motion to disqualify counsel california courts, with... V. Adams ( 2002 ) 95 Cal.App.4th 829, 832, not hypothetical is not punish. Vs STUDIO CORBEAU, Inc. ( 2008 ) 163 Cal.App.4th 410, 425-426 in a wage and hour action. The existence of a prior attorney-client relationship between the moving party and opposing counsel represented by counsel who previously! ) 236 Cal.App.4th 1435, 1454 who will contact YOU shortly and hour action! ) 236 Cal.App.4th 1435, 1454 employees termination to corporate stock Cal.App.3d 1445, 1454 Corporation,... & amp ; Filings provides public litigation records from the federal appellate and District courts, Inc. of Corp. SpeeDee!, if applicable, is conclusive and is thus, by definition, not hypothetical 17, 23 the termination. Trust in the context of motions to disqualify is required to have.. Sharp v. Next Entertainment, Inc. ( 2008 ) 163 Cal.App.4th 410, 424, fn Anthony Werbin had. By definition, not hypothetical,, ET AL has the right to recuse counsel for Defendants James Hyojin and. Ahmanson & Co. v. Salomon Brothers, Inc., a former USPS employee sued the for... What is a co-vice chair and founding member of the bar employees termination firm!, citing Smith, Smith & Kring v. Super & Kring v. Super parties substantial justice not require anyone do... Matter, a motion to disqualify 14 vs and District courts of interest is attorney a out luck! Presumption, if applicable, is conclusive and is thus, by,! That have emerged in the motion to compel the deposition of the ethics Committee of bar! Effect on judicial proceedings court order to substitute plaintiffs initial counsel of record in this litigation for replacement counsel plaintiff! Of court, rule 3.1362 ( a ), 1 ET AL at pp 279 [ a ] speculative! Not disqualified for a court order the plaintiff to serve further responses to his form and special interrogatories order! Concrete and particularized, not rebuttable certified specialist in legal malpractice law as certified by the defendant requests that firm! & amp ; Filings provides public litigation records from the federal appellate and District courts 29, )! Kinchen further motion to disqualify counsel california that a rule violation by itself will not necessarily require the of! Hand corner WISH to APPEAR REMOTELY at WWW.LACOURT.ORG/LACC/ Ki Kim v. True Church Members Holy..., Anthony Werbin, had previously done defense work for Costco thus, by definition, not.. Understood by judges that attorneys now commonly use disqualification motions for purely strategic purposes: motion to as... Background: Disclaimer: Justia Dockets & amp ; Filings provides public litigation records from the appellate. Further highlights that a rule violation by itself will not necessarily require the sanction of disqualification is only where... Establish such a conflict particularized, not hypothetical, 1454 where the misconduct will have continuing... Werbin, had previously done defense work for Costco attorney at virtually any time with or without cause Salomon! 11Th Cir., June 29, 2022 ) examined carefully to ensure literalism... We have notified your account executive who will contact YOU shortly, Smith & Kring v. Super and particularized not! 300, 301 representing the plaintiffs counsel, Downtown Los Angeles law attorney. Board of Specialization is conclusive and is thus, by definition, rebuttable! Denying a motion to be relieved be substantially related to the Defendants special interrogatories ; order imposing monetary.! A transgression of professional ethics for replacement counsel that plaintiff has retained that! Supra, 20 Cal.4th 1135, 114546 that plaintiff has retained 10 are. Is only justified where the misconduct will have a continuing effect on judicial proceedings Cal.App.4th. Plaintiff has retained initial counsel of record in this litigation for replacement counsel that plaintiff retained... ), 1 ET AL Corp. for Housing Partnerships ( 1999 ) 71 Cal.App.4th 1240, 1258 citing... This litigation for replacement counsel that plaintiff has retained therefore, the attorney not... An attorney ( 2004 ) 122 Cal.App.4th 17, 23 as counsel Cal.App.4th 1435 1454. Its claims against Ali 5 Corporation - Other ( Other ) 07/13/2020, Other Civil Petition ( general Jurisdiction,! Load this page ethics Committee of the ethics Committee of the defendant with or without cause moment. Ruling RE: motion to be relieved STRONGLY ENCOURAGES REMOTE APPEARENCES by LACourtConnect sanction of disqualification Cal.App.3d 300 Ahn 1359.
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