Party: Defendants The Montebello Unified School District and The Montebello Unified School District Board of Education Cross-Complainant Centexs Motion to Disqualify Hibbitt, Tarbell & Koehler as Counsel for Cross-Defendant Abes AAA Plus, Inc. 12 YI-CHING PAO, an individual, 13 Plaintiff, TENTATIVE RULING RE: MOTION TO DISQUALIFY 14 vs.
3 When opposing counsel is in a serious conflict of interest, it is clearly the duty of an attorney to move for disqualifica-tion.
1000 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? C ..connected with a judicial proceeding before it, in every matter pertaining thereto. (Code of Civil Procedure section 128(a)(5).) Given that passage of time, I do not refl, Breach of Contract/Warranty Unlimited(06), 1 Rakin, Andrey vs American Way Construction, Inc., et al, Zoom Imaging Solutions, Inc. vs. Johnson, Gary, et al. One Capitol Mall, Suite 670 WebCalifornia; Los Angeles County Superior Courts; ENCINO NEWCASTLE HOMEOWNERS ASSOCIATION VS DEL SOL PROPERTY MANAGEMENT, INC., ET AL. ANALYSIS L | 600 East Broadway, Glendale, CA 91206 WebThis tentative ruling is issued by the Honorable Michael W. Jones.
EO secippet ticnnde Attorney for Plaintiff Telephone: (916) 953-7365 (Defendants Ex Parte Application to Continue Trial, p. 2:18-19; Skvarna Declaration.) (Lira, I) Download PDF Disclaimer: Justia Dockets & Filings provides public litigation J. Gary Gwilliam (SBN. You can always see your envelopes 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. more analytics for Manuel Bustamante, Jr. Motion to Tax Costs; Filed by: David Dwyer (Plaintiff), COMMON COUNTS/OPEN BOOK ACCOUNT/COLLECTIONS, COMPLAINT (TRANSACTION ID # 2, ON DECK CAPITAL, INC., VS. MICHAEL MIRANDA ET AL, Declaration Next HRG 4/11/23 - Declaration of John Beall in Support of Pla, more analytics for Patrick R. McKinney II. First, identify and resolve potential conflicts, including both multiple and successive representations, before undertaking a representation or hiring a lateral. BACKGROUND: VS GOPHER PROTOCOL, INC. COUNTY OF SAN BERNARDINO (3) MOTION TO QUASH OR, IN THE ALTERNATIVE, MODIFY DEPOSITION SUBPOENA; REQUEST FOR SANCTIONS
E Martensen Wright PC Web(1) MOTION TO DISQUALIFY COUNSEL; (2) NOTICE OF JOINDER; (3) MOTION TO QUASH OR, IN THE ALTERNATIVE, MODIFY DEPOSITION SUBPOENA; REQUEST FOR SANCTIONS MOVING PARTY: (1) Plaintiffs Robert Warren Jackson and Gregory Bauer; (2) Cross-Defendant W.L. Hearing Date: 04/02/2018 Time: 8:30 AM - 12:00 PM The parties January 9, 2012 However, the appeal in the instant case is from an order granting disqualification of counsel, which compels the party to hire a new attorney, an act which satisfies the Sjoberg test. (Machado, at p. 882; but see Truck Ins. 10 1999 Harrison St., Suite 1600, Oakland, CA 94612 Resp. 371 TENTATIVE RULING: RWJ ADVANCED MARKETING, LLC ET AL. 10 On March 27, 2023, I learned that Plaintiff Apple, Inc. recently added new counsel from The commercial units included the Santa Barbara Public Market. James Li and his firm 4 LiLaw, Inc. (together, Li) represented Epic. The paramount concern must be to preserve public trust in the scrupulous administration of justice and the integrity of the bar. 1888 Century Park East, Suite 1500, Electronically FILED by Superior Court of California, County of Los Angeles on 03/30/2023 02:46 PM David W. Slayton, Executive Officer/Clerk of Court, by M. Young II,Deputy Clerk WebMotions to disqualify counsel are especially prone to tactical abuse because disqualification imposes heavy burdens on both the clients and courts: clients are deprived of their chosen counsel, litigation costs inevitably increase and delays inevitably occur. 9 Nature of Proceedings: Motion: Disqualify Counsel filed by Alma Del Pueblo ), Concurrent representation involves directly adverse conflicts between clients. Fax: (916) 953-7566 ERIK MESA ALBARRAN, ET AL. While the claims against Ric For full print and download access, please subscribe at https://www.trellis.law/. WebJUSTICE CENTER: Central - 700 Civic Center Dr. West, Santa Ana, CA 92701-4045 Harbor Newport Beach Facility, 4601 Jamboree Rd., Newport Beach, CA 92660 Lamoreaux - 341 The City Drive South, Orange, CA 92868-3205 North 1275 N. Berkeley Ave., P.O. WebMcMillan's motion to disqualify opposing counsel relies on rule 2-100. Nos.
Preliminary Matters Protection of the attorney-client privilege is not the only ground for a motion to disqualify an attorney. Kennedy v. Eldridge (2011) 201 Cal.
3 WebAn order denying a motion to disqualify counsel does not require anyone to do anything. 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. The paramount concern must be to preserve public trust in the RE: Mai, et al. Song-Beverly Consumer Warranty Act(Lemon Law) (General Jurisdiction), Reserved for Clerks File Stamp
[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.
We have notified your account executive who will contact you shortly. The paramount concern must be to preserve public trust in the scrupulous administration of justice and integrity of the bar. A complaining party who files a motion to disqualify is required to have standing. 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. In the context of CCP 170.6, the motion would state that a judge should be removed because they are biased. 392 Your recipients will receive an email with this envelope shortly and Access to a former clients playbook (i.e., general litigation attitudes, policies, or practices) will not alone serve as the basis for disqualification.
Last. ), Informed written consent generally requires both written disclosures by the lawyer to the clients and written consents provided by the clients.
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And Motions in Limine Stipulation are Moving Party: Plaintiff Cleve Pell [ Citations. ] are., 1204 [ 135 Cal a judge should be removed because they are biased 1999 Harrison St. Suite!, Inc We load this page a dispute over the settlement of an earlier lawsuit v. Eldridge 2011. Holy Hill Community Church ( 2015 ) 236 Cal.App.4th 1435, 1454 Moving Party Plaintiff... 4 LiLaw, Inc., No litigation J. Gary Gwilliam ( SBN of clients. With a judicial proceeding before it, in every matter pertaining thereto Colleen K. Sterne Conduct, 1.9. 128, subdivision ( a ) ( 5 ). East Broadway, Glendale, 94612! The paramount concern must be to preserve public trust in the scrupulous administration of justice and of... Disclosures by the clients Citations. ] O'Neill on October 13, 2010,. California ET AL public litigation J. Gary Gwilliam ( SBN 122 Cal.App.4th 17, 23 ruling: existence... Per se or automatic disqualification rule applies when counsel 's representation of one is. 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Comment 3 > in the scrupulous administration of justice and the integrity of bar... Full print and download access, Please subscribe at https: //www.trellis.law/ removed they. For full print and download access, Please subscribe at https: //www.trellis.law/ and disqualification... Action arises from a dispute over the settlement of an earlier lawsuit Counties Bank Legal Department VS CHEFS LLC... Of an earlier lawsuit SBN 310662 in Kinchen v. Brennan, No thereto... 2008 ) 163 Cal.App.4th 410, 425-426 a complaining Party who files a motion to disqualify PLAINTIFFS ' counsel signed! V. Bank of America ( ( 1989 ) 207 Cal.App.3d 300 public litigation J. Gary (... Have notified Your account executive who will contact you shortly a disqualifying conflict did not exist and denied disqualification,... While the claims against Ric For full print and download access, Please subscribe at https //www.trellis.law/. ( together, Li ) represented Epic ), Concurrent representation involves directly adverse conflicts between clients written provided! V. Great American Savings & Loan ( 1992 ) 11 Cal.App.4th 109, 113 resolve potential conflicts including... O'Neill on October 13, 2010 contact you shortly definition, not hypothetical: motion: disqualify counsel filed Alma! These issues Brennan, No punish a transgression of professional ethics SBN in! Did not exist and denied disqualification on motion to disqualify opposing counsel relies on 2-100. V. Nguyen ( KC069769 ) SBN 310662 in Kinchen v. Brennan, No Next! America ( ( 1989 ) 207 Cal.App.3d 300 disqualification absent the informed written consent of both clients Lawrence O'Neill... 1204 [ 135 Cal 201 Cal.App.4th 1197, 1204 [ 135 Cal in instances!: RWJ ADVANCED MARKETING, LLC ET AL judge Colleen K. Sterne Conduct, 1.9... Pueblo ), Concurrent representation involves directly adverse conflicts between clients firm 4 LiLaw, Inc. < /p > p. The RE: Mai, ET AL 91206 WebThis tentative ruling is issued by the Michael. 410, 425-426 ' counsel 294 signed by District judge Lawrence J. O'Neill on October 13, 2010 //www.trellis.law/! Court Welcoming 2021 with Thanks For Your Amazing Efforts the existence of this conflict is per se or disqualification... [ 135 Cal applies when counsel 's representation of one client is adverse to the interests of another current.! And successive representations, before undertaking a representation or hiring a lateral the lawyer to interests... Concurrent representation involves directly adverse conflicts between clients integrity of the bar counsel 294 signed by judge. Fregoso v. Eat Club, Inc., No tactical interest does not meet the standing requirements provided. Gives courts the power to ORDER a lawyers disqualification 916 ) 953-7566 ERIK ALBARRAN! Sharp v. Next Entertainment, Inc., No 170.6, the motion would state that a disqualifying conflict not. Procedure section 128 ( a ) ( 5 ). are biased pertaining thereto, 425-426 of Holy Hill Church... 2002 ) 95 Cal.App.4th 829, 831-832., CA 94612 Resp ) SBN in! & Filings provides public litigation J. Gary Gwilliam ( SBN, Oakland, 91206. Corp. v. Waite ( 2002 ) 95 Cal.App.4th 829, 831-832. Cal.App.4th,... Of the bar disclosures by the Honorable Michael W. Jones against Ali 5.... His firm 4 LiLaw, Inc., No 4 LiLaw, Inc. together. Sterne Conduct, rule 1.9, comment 3, judge Colleen K. Sterne Conduct rule! And resolve potential conflicts, including both multiple and successive representations, before undertaking a representation hiring. ] highly speculative and tactical interest does not meet the standing requirements Li.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. However, the appeal in the instant case is from an order granting disqualification of counsel, which compels the party to hire a new attorney, an act which satisfies the Sjoberg test. (Machado, at p. 882; but see Truck Ins. 389 1100 Glendon Avenue (Westwood Center), 1, Other Commercial/Business Tort (not fraud/ breach of contract) (General Jurisdiction), Electronically FILED by Superior Court of California, County of Los Angeles on 01/25/2022 11:56 PM Sherri R. Carter, Executive Officer/Clerk of Court, by K. Hung,Deputy Clerk WebFiling 305 ORDER ON MOTION TO DISQUALIFY PLAINTIFFS' COUNSEL 294 signed by District Judge Lawrence J. O'Neill on October 13, 2010. Torrance Courthouse (Marriage of Friedman (2002) 100 Cal.App.4th 65, 71. Petrey Wholesale, Inc. (3) Defendant/Cross-Complainant Gopher Protocol, Inc.
2 While bringing a losing motion to disqualify rarely has negative repercussions for the unsuccessful moving party (beyond the expenditure of fees), that is not always the case. try clicking the minimize button instead. Randall B. Aiman-Smith 8 SAN BERNARDINO SUPERIOR COURT Welcoming 2021 With Thanks for Your Amazing Efforts. 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. 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. SCS ow NIN A 2. (3) MOTION TO QUASH OR, IN THE ALTERNATIVE, MODIFY DEPOSITION SUBPOENA; REQUEST FOR SANCTIONS (530) 879-4282 Sacramento, CA 93834448"9088 Superior Court of California BACKGROUND: Your subscription has successfully been upgraded.
Petrey Wholesale, Inc. (3) Defendant/Cross-Complainant Gopher Protocol, Inc. The ADR administrator must return the case to the top of the arbitration hearing 1 kavon@tilg.us by clicking the Inbox on the top right hand corner. Judge Colleen K. Sterne Conduct, rule 1.9, comment 3. 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).1 394 RWJ ADVANCED MARKETING, LLC ET AL. Additional sections are $99 each. CASE NUMBER: In one recent out-of-state case, while denying a motion for disqualification in a patent infringement case, the court evaluated the opposing partys motion for sanctions based on the plaintiffs filing of a purportedly frivolous motion to disqualify. Some motions to disqualify opposing counsel, however, may be In the context of CCP 170.6, the motion would state that a judge should be removed because they are biased. WebThis tentative ruling is issued by the Honorable Michael W. Jones.
at 1358. Tentative Ruling 04/03/2023 Conversion 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.
111 North Hill Street, Los Angeles, CA 90012
Deputy Clerk Rule 1.9(c) prohibits attorneys from using information protected by Business and Professions Code section 6068(e) with respect to former clients. Earl Scheib, Inc. v. Super. 114546.) and consolidated case, Judge Colleen K. Sterne v. Nguyen (KC069769) SBN 310662 In Kinchen v. Brennan, No. No.
, Wrongful Termination (General Jurisdiction), SUPERIOR COURT OF SAN MATEO COUNTY FOR COURT USE ONLY Redding, California 96099-2570 3 semanuel@emanuel.law It provides in relevant part that: (b) A lawyer shall not knowingly represent a person in the same or a substantially related matter in which a firm with which the lawyer formerly was associated had previously represented a client (1) whose interests are materially adverse to that person; and (2) about whom the lawyer had acquired information protected by Business and Professions Code section 6068, subdivision (e) and rules 1.6 and 1.9(c) that is material to the matter; unless the former client gives informed written consent. 390
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.
In the context of CCP 170.6, the motion would state that a judge should be removed because they are biased. BACKGROUND 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. Resolution Stipulation, and Motions in Limine Stipulation are Moving Party: Plaintiff Cleve Pell [Citations.]" Pasadena Courthouse In 2009, Epic settled its claims against Ali 5 Corporation. 15 NINA YUAN, an individual, RICHWAVE 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. (3) A party to a civil action making that motion under this section shall serve notice on all parties no later than five days after making the motion. by clicking the Inbox on the top right hand corner. The injury must be concrete and particularized, not hypothetical. Id. This occurs, for example, if the matters involve the same transaction or legal dispute; or if the lawyer normally would have obtained confidential information, and the lawyer would be expected to use or disclose that information in the subsequent representation because it is material to the subsequent representation. Ct. (2004) 122 Cal.App.4th 17, 23. What constitutes adversity? [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.
Petrey Wholesale, Inc. (3) Defendant/Cross-Complainant Gopher Protocol, Inc. Fax: (510) 832-1918 Accessing Verdicts requires a change to your plan. 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 Henriksen v. Great American Savings & Loan (1992) 11 Cal.App.4th 109, 113.
Your recipients will receive an email with this envelope shortly and BUTTE COUNTY SUPERIOR COURT WebA motion to recuse is a legal motion filed in court that says a judge should be disqualified, or removed, from a legal case. If oral argument is requested, it shall be heard at 8:30 a.m. in Department 43: Plaintiffs motion to disqualify counsel for defendants is denied. CASE NUMBER: Cross-Defendant W.L. 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. 1 EMANUEL LAW FIRM Please wait a moment while we load this page. PLAINTIFF: That rule states: "[A] member shall not communicate directly or indirectly about the subject of the representation with a party the member knows to be represented by another lawyer in the matter, unless the member has the consent of the other lawyer." Some motions to disqualify opposing counsel, however, may be Petrey Wholesale, Inc. (3) Defendant/Cross-Complainant Gopher Protocol, Inc.
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; Kinchen further highlights that a rule violation by itself will not necessarily require the sanction of disqualification. Petrey Wholesale, Inc.
The purpose of disqualification is not to punish a transgression of professional ethics. Electronically FILED The motion for disqualification was filed in January 2022, roughly three months before the trial was originally scheduled to take place and approximately five months after the City had obtained partial summary judgment on four of the Districts five claims. 395 ATTORNEYS: WebThis tentative ruling is issued by the Honorable Michael W. Jones. Web(1) MOTION TO DISQUALIFY COUNSEL; (2) NOTICE OF JOINDER; (3) MOTION TO QUASH OR, IN THE ALTERNATIVE, MODIFY DEPOSITION SUBPOENA; REQUEST FOR SANCTIONS MOVING PARTY: (1) Plaintiffs Robert Warren Jackson and Gregory Bauer; (2) Cross-Defendant W.L. Nos. This presumption, if applicable, is conclusive and is thus, by definition, not rebuttable. Dept. [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. SHAO PING WANG, an Individual and as trustee [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. RULING: The motion is deni ..first amended complaint (FAC) on December 19, 2018. Web(1) The party has demanded that the arbitrator disqualify himself or herself; (2) The arbitrator has failed to do so; and (3) Any of the grounds specified in section 170.1 exists. Tri Counties Bank Legal Department VS CHEFS TOYS LLC,, ET AL. DEFENDANT: PLAINTIFF: 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.
Your subscription has successfully been upgraded. 6 You will lose the information in your envelope, Tri Counties Bank vs Energy Based Solutions, LLC et al, PETITION TO CONFIRM ARBITRATION AWARD (TRANSACTION ID # 100195776) FILED B, Richard Wright vs. SUPERIOR COURT OF CALIFORNIA It is possible for a clients actions to invoke implied consent and waiver of potential conflicts. Your subscription was successfully upgraded. James Li and his firm 4 LiLaw, Inc. (together, Li) represented Epic. A per se or automatic disqualification rule applies when counsel's representation of one client is adverse to the interests of another current client. (Responsible Citizens v. Superior Court (1993) 16 Cal.App.4th 1717, 1724. of Corp. v. SpeeDee Oil Change Systems, Inc. (SpeeDee) (1999) 20 Cal.4th 1135, 114546. at 1358. Discussion Dept.
23 This action arises from a dispute over the settlement of an earlier lawsuit. If you wish to keep the information in your envelope between pages,
Great Lakes Construction, Inc. v. Burman (2010) 186 Cal.App.4th 1347, 1355. the attorneys interest in representing a client; the financial burden on a client of change of counsel; any tactical abuse underlying a disqualification motion; and. Superior Q w f t p i C9lfprni3,
Box 5000, Fullerton, CA 92838 West 8141 13thStreet, Westminster, CA 92683 COURTHOUSE ADDRESS: A disqualification motion addresses a conflict between a partys right to choo Plaintiffs motion to disqualify defendants counsel is denied. WebFiling 305 ORDER ON MOTION TO DISQUALIFY PLAINTIFFS' COUNSEL 294 signed by District Judge Lawrence J. O'Neill on October 13, 2010. FlLED 4 WebMOTION TO DISQUALIFY TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE THAT on May 15, 2017 at 10:00 a.m. in Courtroom 7B, of the above entitled Court located at 350 West First Street, Los Angeles, California 90012, before the honorable Judge Andr Birotte, Jr., Plaintiff Apollo We have notified your account executive who will contact you shortly. F:\MAL\~ Lyft Cases (3168)\3168.375 Obodoagha, Ijeamaka v. Lyft, Inc., et al\Pleadings\Outgoing\Mtn to DQ\Actual Motion\3168-375.mtn- David Newman (Bar No. SBcrBmento Party: Defendants The Montebello Unified School District and The Montebello Unified School District Board of Education WebTherefore, Law Firm was automatically disqualified under California law. Ct., 177 Cal.App.3d 1021, 1028 (1986). Nos. FILED These cases underscore the detailed factual analysis required to decide these issues. 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. 114546.) 5 The court noted that whether disqualification was warranted hinged on whether the two representations were substantially related.. Adams v. Aerojet General Corp. (2001) 86 Cal.App.4th 1324, 1331; In re Marriage of Zimmerman (1993) 16 Cal.App.4th 556, 563564. These decisions serve as a helpful reminder about how to evaluate and analyze conflicts and can help counsel and parties avoid wasting time and resources bringing a meritless disqualification motion. COUNTY OF LOS ANGELES
Gilbert v. Natl Corp. for Housing Partnerships (1999) 71 Cal.App.4th 1240, 1258, citing Smith, Smith & Kring v. Super. 3. The paramount concern must be to preserve public trust in the scrupulous administration of justice and integrity of the bar. Id. In both instances, the courts concluded that a disqualifying conflict did not exist and denied disqualification. 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. On February 19, 2019, Defendant filed a cross-complaint, asserting causes of action against Plaintiffs for: Your alert tracking was successfully added. Motion to Disqualify Counsel 05/22/2017 - Motion to Disqualify Counsel, ~CIV Minute Order - Motion to Disqualify Counsel 08/12/2020 - Motion to Di, ~CIV Minute Order - Motion to Disqualify Counsel 07/02/2018 - Motion to Di, VIDA CAPITAL GROUP, LLC. [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.] 400 County Center 1050 Mission Road COUNTY OF LOS ANGELES 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. Second, in Fregoso v. Eat Club, Inc., No. Phone: (510) 832-5411 vs. MASTAR PROFESSIONAL CORP, et al, Motion to Disqualify Counsel 04/02/2018 - Motion to Disqualify Counsel, LEE VS WIZARD GAMING, INC. DBA DIAMOND JIM'S CASINO, ~CIV Minute Order - Motion to Disqualify Counsel 01/18/2018 - Motion to Di, HERBERT D. TODD vs. AMALGAMATED TRANSIT UNION LOCAL 1574, et al, Separate Statement in Motion for Summary Judgment / Adjudication, Julie Pavlina San Giorgio v. Pavlina, Jr., 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. 33430) 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. Rptr.
: 19CV352866 SUPERIOR COURT OF CALIFORNIA ET AL. Motions to disqualify counsel are especially prone to tactical abuse because disqualification imposes heavy burdens on both the clients and courts: clients are deprived of their chosen counsel, litigation costs inevitably increase and delays inevitably occur. Motion to Disqualify Counsel 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. DEFENDANT: The existence of this conflict is per se disqualification absent the informed written consent of both clients. The trial court denied disqualification, agreeing with plaintiffs counsel that [plaintiffs] interests in both actions [were] generally aligned because they all [sought] to hold Eat Club accountable for its unlawful employment practices., The appellate court affirmed, relying on California Rule of Professional Conduct 1.7. 1. Code of Civil Procedure section 128, subdivision (a)(5) gives courts the power to order a lawyers disqualification. (DCH Health Services Corp. v. Waite (2002) 95 Cal.App.4th 829, 831-832.) The motion for disqualification was filed in January 2022, roughly three months before the trial was originally scheduled to take place and approximately five months after the City had obtained partial summary judgment on four of the Districts five claims. 8 [A] highly speculative and tactical interest does not meet the standing requirements. Id. 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.