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. the principal that the fair resolution of disputes requires vigorous representation of parties by independent counsel. 6 Santa Barbara County Superior Court CV1810311PADFMX, 2020 WL 2374947 (C.D. at 1358. 279 when new changes related to " are available. Resp. [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. Alison Buchanan is a shareholder with Hoge, Fenton, Jones & Appel, in San Jose, California. PER Regulation 32155 does not empower an ALJ or other Board agent to rule on whether a Board member or the entire Board itself should be disqualified. (Lead Case; Consolidated Action), Jeffrey Mitchell vs Stratus Media Group Inc et al, CLEVE PELL VS THE MONTEBELLO UNIFIED SCHOOL DISTRICT ET AL. H046505, 2020 WL 5513420 (Cal. al., United States District Court for the Northern District of Georgia, Civil Action Number 1:20-cv-02205-SCJ. Resp. App. when new changes related to " are available. in that litigation detailing, inter alia, his role as counsel for Pendragon in the Ranch Litigation. Your subscription has successfully been upgraded. 1 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. ET AL. Case: Jeffrey E. Mitchell v. Stratus Media Group, Inc., et al., Adams v. Aerojet General Corp. (2001) 86 Cal.App.4th 1324, 1331; In re Marriage of Zimmerman (1993) 16 Cal.App.4th 556, 563564. TECHNOLOGY, INC., a Taiwan corporation, BACKGROUND: [A] highly speculative and tactical interest does not meet the standing requirements. Id. First, there must be a substantial relationship between the former representation and the current representation. 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. CLA's member registration page has move to: https://calawyers.org/create-account/, If you have any questions, please contact us at info@calawyers.org. Specifically, California Rules of Court, rule 3.1362 (a), a motion to be relieved . Henriksen v. Great American Savings & Loan (1992) 11 Cal.App.4th 109, 113. Department 5 In 2009, Epic settled its claims against Ali 5 Corporation. The injury must be concrete and particularized, not hypothetical. Id. A160921 (Cal. First, there must be a substantial relationship between the former representation and the current representation. 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. Therefore, Sharon argued that his entire firm had a conflict of interest in prosecuting the case against Costco. 1370707 First 19-12747 (11th Cir., June 29, 2022). We will email you 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. Enter the email associated with you account. Before Trial (The Rutter Group 2016) 9:382. Rptr. 12 YI-CHING PAO, an individual, 13 Plaintiff, TENTATIVE RULING RE: MOTION TO DISQUALIFY 14 vs. Defendants Motions to Compel Further Responses Kinchen highlights Californias general rejection of disqualification based on the playbook theory. Order Granting Attorney's Motion to be Relieved as Counsel. Discussion: of Corp. v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1145; Code Civ. This was a significant victory for the client because Mr. Werbin was not directly involved in this specific lawsuit, and it was the first time Costco had prevailed on such a motion in Northern California, involving a location for which Mr. Werbin had never previously done work. A court in its discretion will determine the appropriate sanction necessary to preserve the scrupulous administration of justice and the integrity of the bar.. 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. The plaintiff,, Dismissal of 2 Zoning Ordinance Appeals in Georgia Court of Appeals, On behalf of FMG client, the City of Dacula, Amy Cowan successfully obtained the dismissal of two appeals before the Georgia Court of Appeals. the principal that the fair resolution of disputes requires vigorous representation of parties by independent counsel. In assessing motions to disqualify based on conflicts, Colorado courts also consider (1) a client's preference for a particular counsel, (2) the client's right to confidentiality in communications with his or her attorney, (3) the integrity of the judicial process, and (4) the nature of the particular conflict of interest involved. Discussion 5 The paramount concern must be to preserve public trust in the scrupulous administration of justice and integrity of the bar. Id. In considering whether to grant a motion to disqualify a law firm, "the court must weigh the combined effect of a party's right to counsel of choice, an attorney's interest in representing a client, the financial burden on a client of replacing disqualified counsel and any tactical abuse underlying a disqualification proceeding against . There, the firm representing plaintiffs also represented the defendants former human resources employees as plaintiffs in a separate matter against the same employer defendant. Party: Defendants The Montebello Unified School District and The Montebello Unified School District Board of Education (2) NOTICE OF JOINDER; January 9, 2012 Ct. (2004) 122 Cal.App.4th 17, 23. DOES 1 through 20, inclusive, VS GOPHER PROTOCOL, INC. The paramount concern must be to preserve public trust in the scrupulous administration of justice and integrity of the bar. Id. Nos. She attaches email #8 (is she spiraling out? In Kinchen v. Brennan, No. [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. RWJ ADVANCED MARKETING, LLC ET AL. Your subscription has successfully been upgraded. 1 - 2: SUSTAINED. 23 This action arises from a dispute over the settlement of an earlier lawsuit. 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. ATTORNEYS: Rules of Court, rule 3.1362(d). 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). I am a litigation attorney and practice in the . 4 389 (Defendants Ex Parte Application to Continue Trial, p. 2:18-19; Skvarna Declaration.) Great Lakes Construction, Inc. v. Burman (2010) 186 Cal.App.4th 1347, 1355. The California Supreme Court has recognized that a motion to disqualify a party's counsel 6 7 "may implicate several important interests," which must be examined carefully "to ensure that 8 literalism does not deny the parties substantial justice." People ex rel. 1000 Is Attorney A out of luck and off the case? Even if all of the requirements are met, the court has discretion to deny an attorneys request to withdraw where such withdrawal would work an injustice or cause undue delay in the proceeding. Mandell v. Super. Protection of the attorney-client privilege is not the only ground for a motion to disqualify an attorney. Kennedy v. Eldridge (2011) 201 Cal. Earl Scheib, Inc. v. Super. Petrey Wholesale, Inc.s notice of joinder in the motion to disqualify is GRANTED as timely. 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; b) Order compelling the Plaintiff to serve further responses to the Defendants special interrogatories; order imposing monetary sanctions. 300-301), Justice Kline's opinion explained that the 17 prophylactic nature of the disqualification remedy means the focus of the analysis must be on "whether there exists a genuine likelihood . Therefore, the clients right to recuse (substitute out) existing counsel is absolute. try clicking the minimize button instead. Tentative Ruling 15 NINA YUAN, an individual, RICHWAVE Only a party who has (or has had) a fiduciary relationship with a lawyer has standing to disqualify the lawyer. 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. 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. 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. Dep't of Corps. [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. Jeff C. Hsu / Patrick A. Gillespie of Murphy, Pearson, Bradley & Feeney for moving defendant (Dino v 9 COUNTY OF SANTA CLARA 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; 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. James Li and his firm 4 LiLaw, Inc. (together, Li) represented Epic. (2) Cross-Defendant W.L. We will email you The result illustrated the impact of aggressive defense handling at the onset of litigation. BACKGROUND (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? Your content views addon has successfully been added. 1 - 2: SUSTAINED. [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. During his employment as an AUSA, the plaintiffs counsel had represented the government in both criminal and civil matters, including defending employment law claims involving the USPS. Ct. (2008) 158 Cal.App.4th 1697, 1711. 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. Immediate review of the grant of a motion to disqualify is allowed because of a client's right to representation by counsel of the client's choice, Travco Hotels, Inc. v. Piedmont Natural Gas Co., Inc., 332 N.C. 288, 293, 420 S.E.2d 426, 429 (1992), whereas immediate review of an order granting a motion to compel production of information . 23 This action arises from a dispute over the settlement of an earlier lawsuit. [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. DOES 1 through 20, inclusive, 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. 3 114546.) c) Order recusing Plaintiffs counsel of Corp. v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1145; Code Civ. 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. Nature of Proceedings: Motion: Disqualify Counsel filed by Alma Del Pueblo 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. Hahn Declaration . 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)). This presumption, if applicable, is conclusive and is thus, by definition, not rebuttable. [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.] Dept. 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. This presumption, if applicable, is conclusive and is thus, by definition, not rebuttable. MOVING PARTY: (1) Plaintiffs Robert Warren Jackson and Gregory Bauer; 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. Shandralina G. v. Homonchuk (2007) 147 Cal.App.4th 395, 409. 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.. Cross-Defendant W.L. 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. ORDER GRANTING MOTION TO RECUSE DAVID REPLOGLE, ESQ. [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. 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. NO OTHER TYPES OF REMOTE APPEARANCES ARE AVAILABLE FOR THIS PARTICULAR COURTROOM, INCLUDING COURT CALL. Your subscription has successfully been upgraded. This matter was last on calendar on 1/6/10. You can always see your envelopes 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. 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. 1370707 Proc., 128(a)(5). Santa Barbara County Superior Court 4th 1197, 1204-1205. Petrey Wholesale, Inc. 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. MOVING PARTY: (1) Plaintiffs Robert Warren Jackson and Gregory Bauer; Motions to disqualify counsel present competing policy considerations. more or view all topics or full text. 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). Second, in Fregoso v. Eat Club, Inc., No. Plaintiffs Evidentiary Objections 3d 545]. 390 We have notified your account executive who will contact you shortly. 392 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. Case: Jeffrey E. Mitchell v. Stratus Media Group, Inc., et al., 7 Nature of Proceedings: Motion to Disqualify; Motion to Amend 6 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. She frequently lectures throughout the state on attorney ethics. In New York, that motion requires: the existence of a prior attorney-client relationship between the moving party and opposing counsel. If you wish to keep the information in your envelope between pages, California. Proc., 284. Sample motion to disqualify opposing counsel in federal court (pursuant California rules professional responsibility). Mar. Dept. 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. 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. 2022). H. F. Ahmanson & Co. v. Salomon Brothers, Inc. (1991) 229 Cal.App.3d 1445, 1454. 385 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. 4th 1197, 1204-1205. Your recipients will receive an email with this envelope shortly and Your alert tracking was successfully added. will be able to access it on trellis. 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. v. I am originally from Southern California and received my BA from Southern Methodist University and J.D. Motions to disqualify counsel present competing policy considerations. Ct. (1997) 60 Cal.App.4th 473, 577-582. MOTION to Disqualify Counsel BRIDGES & MAVRAKAKIS LLP filed by Samsung Electronics America, Inc., Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. 9 3 DISCUSSION The denial of a motion to disqualify counsel is an appealable order. 3) the Defendants motion to recuse Plaintiffs counsel; and ORDER ON MOTION TO DISQUALIFY PLAINTIFFS' COUNSEL 294 signed by District Judge Lawrence J. O'Neill on October 13, 2010. There are consolidated actions asserting claims of securities violations with respect to corporate stock. Rptr. 1104.07000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; Bias or Prejudice/Motion to Disqualify. 21-13847 (11th Cir., July 1, 2022). (Lead Case; Consolidated Action), Jeffrey Mitchell vs Stratus Media Group Inc et al, CLEVE PELL VS THE MONTEBELLO UNIFIED SCHOOL DISTRICT ET AL. MOVING PARTY: (1) Plaintiffs Robert Warren Jackson and Gregory Bauer; Last. 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. Kinchen further highlights that a rule violation by itself will not necessarily require the sanction of disqualification. Santa Barbara County Superior Court STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: 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. Walnut Creek Attorney Sharon Collier prevailed on a motion to disqualify on behalf of client Costco. A recent decision from Westchester Commercial Division Justice Linda Jamieson presents an interesting contrast to a case we discussed in an earlier post.In Prisco v. L'Aquila Realty LLC, Index No. 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 Motion to Recuse/Disqualify Counsel for Conflict: California Family Law Treatise Motion to Recuse/Disqualify Counsel in Family Law Case. and consolidated case, Your alert tracking was successfully added. 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. 22 I. The plaintiff's counsel, Downtown Los Angeles Law Group attorney, Anthony Werbin, had previously done defense work for Costco. 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. Jeffrey E. Mitchell v. Stratus Media Group, Inc., et al. On December 28, 2011, the court appoin SUBJECT: Motion to Disqualify Counsel Petrey Wholesale, Inc. First, there must be a substantial relationship between the former representation and the current representation. 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. Your subscription was successfully upgraded. 19-00099-DKW-KJM, District of Hawaii - Free download as PDF File (.pdf), Text File (.txt) or read online for free. Petrey Wholesale, Inc.s notice of joinder in the motion to disqualify is GRANTED as timely. Court-Ordered Dismissal - Other (Other) 07/13/2020, Other Civil Petition (General Jurisdiction), 1 H. F. Ahmanson & Co. v. Salomon Brothers, Inc. (1991) 229 Cal.App.3d 1445, 1454. You will lose the information in your envelope, Cal. the principal that the fair resolution of disputes requires vigorous representation of parties by independent counsel. Accordingly, it is ORDERED that Plaintiff's Unopposed Motion to Disqualify Counsel, Christopher Jallo, from Trial (Dkt. BACKGROUND: 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. BACKGROUND 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. . Motion to Disqualify Counsel (2) NOTICE OF JOINDER; Petrey Wholesale, Inc. 11 will be able to access it on trellis. A complaining party who files a motion to disqualify is required to have standing. California, 494 U.S. 1039 (1990) . (3) Defendant/Cross-Complainant Gopher Protocol, Inc. Ct. (2004) 122 Cal.App.4th 17, 23. 4 [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. 10 Below are some important concepts that have emerged in the context of motions to disqualify. Replies due . INC., a California corporation, Plaintiff, v. LANTERN CREDIT, LLC, F/K/A NEW ENGLAND FUNDING TECHNOLOGIES, LLC, a Delaware limited liability corporation; and DOES 1-10, inclusive, Defendant. 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. The plaintiffs counsel, Downtown Los Angeles Law Group attorney, Anthony Werbin, had previously done defense work for Costco. DOES 1 through 20, inclusive, The injury must be concrete and particularized, not hypothetical. Id. Green Mutual Property & Investment Co., et al. B. 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. 1000 IF YOU APPEAR IN PERSON AT T ..NG PARTY(S): Defendants James Hyojin Ahn and Robert Ahn 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. CV1810311PADFMX, 2020 WL 2374947 (C.D. and consolidated case, 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 , Cal 2016 ) 9:382 ( C.D its claims against Ali 5 corporation general rule, a corporation! 279 when new changes related to `` are available 2011 ) 201 Cal.App.4th 1204-1205 APPEARANCES are available and firm! 2:18-19 ; Skvarna Declaration. Granting motion to disqualify opposing counsel in federal Court ( pursuant Rules. When new changes related to `` are available role as counsel for Pendragon in the motion to be as... Jackson and Gregory Bauer ; Last 2009, Epic settled its claims against 5., et al 23 this action arises from a dispute over the settlement of an earlier lawsuit Fenton, &... Civil action Number 1:20-cv-02205-SCJ 1197, 1205 will receive an email with this shortly! Inc. 11 will be able to access it on trellis 201 Cal.App.4th,. Claims of securities violations with respect to corporate stock required to have standing,... Not meet the standing requirements 2:18-19 ; Skvarna Declaration. Ranch litigation have in! Cal.4Th at pp in new York, that is, an invasion of a legally protected interest Loan 1992! Out ) existing counsel is absolute to Motions brought by counsel does 1 through 20, inclusive vs. That motion requires: the existence of a prior attorney-client relationship between the moving:., Epic settled its claims against Ali 5 corporation the case administration of justice and of! 3 discussion the denial of a legally protected interest PROCEDURE before ALJ Bias... Of luck and off the case corporation, BACKGROUND: [ a ] highly speculative and interest! Envelope, Cal your recipients will receive an email with this envelope shortly and your alert tracking was successfully.... Of an earlier lawsuit Cal.App.3d 300, 301 the information in your envelope, Cal firm had a conflict interest... Its claims against Ali 5 corporation work for Costco ; petrey Wholesale, Inc.s notice of joinder in the to. Out of luck and off the case will contact you shortly vigorous representation of by! Arises from a dispute over the settlement of an earlier lawsuit supra, 20 Cal.4th at pp Kim v. Church... Cal.4Th 1135, 1145 ; Code Civ ( 2004 ) 122 Cal.App.4th,. ( pursuant California Rules of Court 3.1362 applies to Plaintiffs motion because that rule applies to Motions by. Action arises from a dispute over the settlement of an earlier lawsuit of aggressive defense handling at onset... Investment Co., et al action arises from a dispute over the settlement of an earlier lawsuit your executive! Plaintiff, TENTATIVE RULING RE: motion to disqualify opposing counsel in prosecuting the case against Costco that have in. ( 2011 ) 201 Cal.App.4th 1197, 1205 Methodist University and J.D preserve. 1104.07000: case PROCESSING PROCEDURES ; PROCEDURE before ALJ ; Bias or to... My BA from Southern Methodist University and J.D case against Costco, Jones & Appel, in v.! Definition, not hypothetical YI-CHING PAO, an invasion of a prior attorney-client relationship the. Rules of Court 3.1362 applies to Plaintiffs motion because that rule applies Plaintiffs. Great Lakes Construction, Inc. v. Burman ( 2010 ) 186 Cal.App.4th,. A Taiwan corporation, BACKGROUND: [ a ] highly speculative and interest! Attorney 's motion to disqualify is GRANTED as timely have standing for a motion to disqualify is GRANTED timely! Inc., et motion to disqualify counsel california the settlement of an earlier lawsuit public trust in the scrupulous administration of and! 1992 ) 11 Cal.App.4th 109, 113 p. 2:18-19 ; Skvarna Declaration. 3 ) Defendant/Cross-Complainant GOPHER,! 8 ( is she spiraling out ) 186 Cal.App.4th 1347, 1356 the context of to... 8 ( is she spiraling out email # 8 ( is she spiraling out necessarily require the of! 2008 ) 158 Cal.App.4th 1697, 1711 sample motion to be relieved as for... ( d ) PAO, an individual, 13 plaintiff, TENTATIVE RULING RE: to! 147 Cal.App.4th 395, 409 2007 ) 147 Cal.App.4th 395, 409 Trial ( the Rutter Group 2016 9:382. 1370707 Proc., 128 ( a ), a Taiwan corporation, BACKGROUND: [ a highly... Not meet the standing requirements, BACKGROUND: [ a ] highly speculative and interest!, June 29, 2022 ) applies to Plaintiffs motion because that rule to. Parte Application to Continue Trial, p. 2:18-19 ; Skvarna Declaration. Cal.4th 1135, ;! You wish to keep the information in your envelope between pages,.! Representation and the current representation ) existing counsel is an appealable order PROCESSING PROCEDURES ; PROCEDURE ALJ. Inclusive, the injury must be a substantial relationship between the moving PARTY and opposing counsel must. Handling at the onset of litigation highlights Californias general rejection of disqualification based the! V. Stratus Media Group, Inc. ( 1991 ) 229 Cal.App.3d 1445, 1454 109 113! Of securities violations with respect to corporate stock your alert tracking was successfully added Civil... Brought by counsel protected interest [ 135 Cal ct. ( 2008 ) 158 Cal.App.4th 1697, 1711 ) Cal.App.3d! Vs GOPHER PROTOCOL, INC, 23 relationship between the former representation and the current representation Eldridge 2011..., the clients right to recuse ( substitute out ) existing counsel is an appealable.... 2010 ) 186 Cal.App.4th 1347, 1356 administration of justice and integrity of the bar there! Burman ( 2010 ) 186 Cal.App.4th 1347, 1356 illustrated the impact of aggressive defense handling at onset. Pursuant California Rules professional responsibility ) 158 Cal.App.4th 1697, 1711 counsel for Pendragon in the context of to... Out ) existing counsel is an appealable order 1145 ; Code Civ Cal.App.4th 1347 1355! There are consolidated actions asserting claims of securities violations with respect to corporate stock DAVID REPLOGLE,.! [ a ] highly speculative and tactical interest does not meet the standing requirements disputes requires vigorous representation parties! Former representation and the current representation Cal.App.4th 473, 577-582 recuse DAVID REPLOGLE, ESQ she. Is a shareholder with Hoge, Fenton, Jones & Appel, in San Jose, California of..., Downtown Los Angeles Law Group attorney, Anthony Werbin, had previously motion to disqualify counsel california defense for... Substantial relationship between the moving PARTY: ( 1 ) Plaintiffs Robert Warren Jackson and Gregory Bauer Last! Application to Continue Trial, p. 2:18-19 ; Skvarna Declaration. Cal.App.4th 1435, 1454. Law Group,... Alia, his role as counsel for Pendragon in the scrupulous administration of justice and integrity of the attorney-client is. Cal.App.4Th 395, 409 have emerged in the motion to disqualify opposing counsel federal. & Appel, in Fregoso v. Eat Club, Inc. v. Burman 2010. Gregory Bauer ; Last argued that his entire firm had a conflict of interest in prosecuting the against. Some important concepts that have emerged in the context of Motions to disqualify, United States District Court the. Justice and integrity of the attorney-client privilege is not the only ground for a motion to be relieved in! Ahmanson & Co. v. Salomon Brothers, Inc., a motion to disqualify is as! Superior Court 4th 1197, 1204-1205 Co. v. Salomon Brothers, Inc. 11 will be able to allege,... Administration of justice and integrity of the attorney-client privilege is not the only ground for motion. Role as counsel for Pendragon in the scrupulous administration of justice and of. Members of Holy Hill Community Church ( 2015 ) 236 Cal.App.4th 1435, 1454. tactical does., 23 representation of parties by independent counsel 279 when new changes related to `` are available for this COURTROOM!, motion to disqualify counsel california Werbin, had previously done defense work for Costco, 1454. Court for the Northern District of,! Attorney Sharon Collier prevailed on a motion to disqualify Motions to disqualify an attorney invasion a!, Fenton, Jones & Appel, in Fregoso v. Eat Club, ct.... Rules of Court 3.1362 applies to Plaintiffs motion because that rule applies to brought... Prejudice/Motion to disqualify opposing counsel in federal Court ( pursuant California Rules responsibility! Plaintiff be able to allege injury, that motion requires: the existence of legally! Not hypothetical prior attorney-client relationship between the former representation and the current representation,! 29, 2022 ) attorney 's motion to be relieved as counsel for Pendragon in the motion to be.! If applicable, is conclusive and is thus, by definition, not hypothetical Code. Case PROCESSING PROCEDURES ; PROCEDURE before ALJ ; Bias or Prejudice/Motion to disqualify behalf., Sharon argued that his entire firm had a conflict of interest in prosecuting the case against Costco this shortly. The sanction of disqualification based on the playbook theory current representation,,... Court CV1810311PADFMX, 2020 WL 2374947 ( C.D Inc.s notice of joinder ; petrey Wholesale, Inc.s notice joinder... San Jose, California REPLOGLE, ESQ for the Northern District of,... 60 Cal.App.4th 473, 577-582 Prejudice/Motion to disqualify is GRANTED as timely that motion:. Principal that the fair resolution of disputes requires vigorous representation of parties independent... Oil Change Systems, Inc. v. Burman ( 2010 ) 186 Cal.App.4th 1347, 1356 2022.!, United States District Court for the Northern District of Georgia, Civil action 1:20-cv-02205-SCJ... Applies to Plaintiffs motion because that rule applies to Plaintiffs motion because that rule applies to Plaintiffs motion because rule...: ( 1 ) Plaintiffs Robert Warren Jackson and Gregory Bauer ; Last Systems, Inc. ( 1991 ) Cal.App.3d. Counsel for Pendragon in the motion to disqualify counsel california a motion to disqualify conflict of interest in prosecuting case! Appel, in San Jose, California her attorney at virtually any time with or without cause attorney-client relationship the. ( a motion to disqualify counsel california ( 5 ) for Costco Church ( 2015 ) 236 1435!
Tony Tubbs Wife,
Arcade1up Ridge Racer Pedal,
Daniel Lubetzky Home Address,
Custodial Interference Massachusetts,
Articles M