"[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 . at 1359. [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.] Last. Discussion 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 plaintiffs counsels prior employment by the defendant; and (2) plaintiffs counsels improper receipt of information, procured by communicating with defendants managing agent in an alleged violation of the no contact rule. ANALYSIS 2 H046505, 2020 WL 5513420 (Cal. at 1359. The plaintiffs counsel, Downtown Los Angeles Law Group attorney, Anthony Werbin, had previously done defense work for Costco. In its motion to disqualify, the employer defendant argued that the firm representing the plaintiffs had a direct, actual conflict. 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. FMG Attorney Michael Hill obtained affirmance of a summary judgment award on behalf of the City of Roswell and, Partners Michael Freed and Brian Goldberg Secure Appellate Win Affirming Dismissal of Plaintiffs Wrongful Foreclosure Claim, Richard Durham v. Aerial Funding, LLC, Case No. First 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. 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. Ct. (2008) 158 Cal.App.4th 1697, 1711. Partner The Georgia Court of Appeals recently granted a petition for interlocutory review filed by Atlanta Partners Wayne Melnick, Michael Freed, and Wes Jackson, of. by clicking the Inbox on the top right hand corner. 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 ET AL. Nos. 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. a) Order compelling the Plaintiff to serve further responses to the Defendants form interrogatories; order imposing monetary sanctions. 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. Hahn Declaration DOES 1 through 20, inclusive, at 1145. 3 Sharon Collier prevailed on a motion to disqualify on behalf of client Costco. b) Order compelling the Plaintiff to serve further responses to the Defendants special interrogatories; order imposing monetary sanctions. Your content views addon has successfully been added. 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. The courts apply a two-pronged test to determine whether the court must conclusively presume that an attorney has knowledge of confidential information about a prior client that requires the court to disqualify the attorney from representing a current client adverse to the prior client. Bank v. Adams (2002) 96 Cal.App.4th 315, 327. Sample motion to disqualify opposing counsel in federal court (pursuant California rules professional responsibility). Motion to Disqualify Counsel 1000 TENTATIVE RULING: 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. Accordingly, it is ORDERED that Plaintiff's Unopposed Motion to Disqualify Counsel, Christopher Jallo, from Trial (Dkt. [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. Earl Scheib, Inc. v. Super. 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. VS GOPHER PROTOCOL, INC. 5 15 NINA YUAN, an individual, RICHWAVE Sharon Collier prevailed on a motion to disqualify on behalf of client Costco. (2) Cross-Defendant W.L. vs. MASTAR PROFESSIONAL CORP, et al, Professional Negligence Attorney Malpractice, Julie Pavlina San Giorgio v. Pavlina, Jr., et al. 3 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. 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. The plaintiff, a, Summary Judgment for Claims Adjusting Agency on a Failure to Settle Claim in Georgia, Ignacio Negrete v. National Unity Insurance Company et. (2) NOTICE OF JOINDER; If you wish to keep the information in your envelope between pages, 1 - 2: SUSTAINED. Nos. First The courts apply a two-pronged test to determine whether the court must conclusively presume that an attorney has knowledge of confidential information about a prior client that requires the court to disqualify the attorney from representing a current client adverse to the prior client. of Corp. v. SpeeDee Oil Change Systems, Inc. (SpeeDee) (1999) 20 Cal.4th 1135, 114546. [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. Please wait a moment while we load this page. Ct. (1997) 60 Cal.App.4th 473, 577-582. Rules of Court, rule 3.1362(a), (c), (e). The commercial units included the Santa Barbara Public Market. [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. We will email you Nature of Proceedings: Motion to Disqualify; Motion to Amend Motion for: The plaintiffs counsel, Downtown Los Angeles Law Group attorney, Anthony Werbin, had previously done defense work for Costco. In the underlying cases, the plaintiff property owner sought a special, Cisco Cleared In $371M Software Patent Trial in Massachusetts, A jury in the U.S. District Court in Boston ruled in favor of Cisco Systems Inc. in a $371 million patent suit, finding that the California tech giant did not infringe a Massachusetts software companys, Dismissal Based on Eleventh Amendment Immunity in Medical Board Defamation Suit in California, FMG Attorneys Brian Skalsky, Lizel Cerezo, Al Alikin, and Will Hadikusumo, successfully obtained a dismissal with prejudice on behalf of their client, the North Carolina Medical Board (NCMB), in California federal court. 23 This action arises from a dispute over the settlement of an earlier lawsuit. of Corp. v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1145; Code Civ. The current representation must be substantially related to the former representation to constitute a disqualifying conflict. and consolidated case, If you wish to keep the information in your envelope between pages, the principal that the fair resolution of disputes requires vigorous representation of parties by independent counsel. When are two representations substantially related? Therefore, the clients right to recuse (substitute out) existing counsel is absolute. 1000 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. Petrey Wholesale, Inc.s notice of joinder in the motion to disqualify is GRANTED as timely. Id. Grounds: A. ORDER ON MOTION TO DISQUALIFY PLAINTIFFS' COUNSEL 294 signed by District Judge Lawrence J. O'Neill on October 13, 2010. Case: Jeffrey E. Mitchell v. Stratus Media Group, Inc., et al., Resp. will be able to access it on trellis. Petrey Wholesale, Inc.s notice of joinder in the motion to disqualify is GRANTED as timely. Cross-Defendant W.L. You can always see your envelopes Northern District. 10 Below are some important concepts that have emerged in the context of motions to disqualify. will be able to access it on trellis. Disqualification is only justified where the misconduct will have a continuing effect on judicial proceedings. Sheller v. Super. County of Riverside. 3d 545]. January 9, 2012 James Scafide /Tyler Sprague of Scafide law Firm, PC for plaintiff Proc., 284. 42 MARCH 2009 CALIFORNIA LAWYER trade secrets and unfair competition. 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. (Defendants Ex Parte Application to Continue Trial, p. 2:18-19; Skvarna Declaration.) Let a peremptory writ of mandate issue commanding respondent superior court to vacate its order denying petitioner's motion for disqualification of the law firm of Barr, Newlan & Sinclair as counsel for real parties David Oscar Cook and Pincin Trucking and to make a new order granting the motion. Ct. (1967) 253 Cal.App.2d 703, 707. Your recipients will receive an email with this envelope shortly and 2 114546.) Therefore, Sharon argued that his entire firm had a conflict of interest in prosecuting the case against Costco. 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. 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/. by clicking the Inbox on the top right hand corner. On 1/19 mother filed additional declaration of mother. and consolidated case, Disqualification is only justified where the misconduct will have a continuing effect on judicial proceedings. Sheller v. Super. The paramount concern must be to preserve public trust in the scrupulous administration of justice and integrity of the bar. Id. 6 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. "[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 . Sept. 14, 2020), the court decided a motion to disqualify brought by the defendant in a wage and hour class action. 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. and consolidated case, 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 . 7.) Filing 31. (3) MOTION TO QUASH OR, IN THE ALTERNATIVE, MODIFY DEPOSITION SUBPOENA; REQUEST FOR SANCTIONS Petrey Wholesale, Inc. If you wish to keep the information in your envelope between pages, Tentative Ruling Shandralina G. v. Homonchuk (2007) 147 Cal.App.4th 395, 409. ANALYSIS Henriksen v. Great American Savings & Loan (1992) 11 Cal.App.4th 109, 113. In 2009, Epic settled its claims against Ali 5 Corporation. The attorney in an action or special proceeding may be changed at any time before or after judgment or final determination, as follows: 1. 114546.) Rule 1.9(c) prohibits attorneys from using information protected by Business and Professions Code section 6068(e) with respect to former clients. Santa Barbara County Superior Court (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? March 5, 2013 March 5, 2013 The purpose of disqualification is not to punish a transgression of professional ethics. 386 Kinchen further highlights that a rule violation by itself will not necessarily require the sanction of disqualification. ATTORNEYS: . The injury must be concrete and particularized, not hypothetical. Id. Accessing Verdicts requires a change to your plan. 5 Cross-Defendant W.L. 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. DCH Health Services Corp. v. Waite (2002) 95 Cal.App.4th 829, 832. Earl Scheib, Inc. v. Super. Specifically, California Rules of Court, rule 3.1362 (a), a motion to be relieved . 21-13847 (11th Cir., July 1, 2022). Plaintiff Green Mutual Property & In 7. 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. Judge Colleen K. Sterne 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. 392 Only a party who has (or has had) a fiduciary relationship with a lawyer has standing to disqualify the lawyer. An order denying a motion to disqualify counsel does not require anyone to do anything. Walnut Creek Attorney Sharon Collier prevailed on a motion to disqualify on behalf of client Costco. 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. Ct. (2008) 158 Cal.App.4th 1697, 1711. ARIA SARBELAND, et al, REPLY TO PLTFS OPPOSITION TO MOTION TO RECUSE CATHERINE BOSKOFF AS COUNSEL. 4 When in doubt, consult with an expert who can help ascertain whether the salient facts and applicable authority support a motion for disqualification. The plaintiff was represented by counsel who had previously worked as an Assistant United States Attorney (AUSA). In Kinchen v. Brennan, No. Plaintiff Cleve Pell filed suit on October 16, 2017 against Defendants The Montebello Unified School District ..basis for the continuance. Bauer Declaration Adding your team is easy in the "Manage Company Users" tab. 1 All statutory references are to the Code of Civil Procedure unless otherwise stated. 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. No. Mother provided further briefing. 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. 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. 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. 1104.07000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; Bias or Prejudice/Motion to Disqualify. try clicking the minimize button instead. BACKGROUND She attaches email #8 (is she spiraling out? 8 You will lose the information in your envelope, Cal. Notice of Joinder Ct. (2013) 221 Cal.App.4th 409, 449. 22 I. Hahn Declaration You will lose the information in your envelope, Ruling on Submitted Matter - re: Motion to Disqualify Counsel, PROCTOR-V-ECKO PRODUCTS GROUP ET AL Print. Please wait a moment while we load this page. 21-12918 (11th Cir., June 29, 2022). Access to a former clients playbook (i.e., general litigation attitudes, policies, or practices) will not alone serve as the basis for disqualification. Tentative Ruling 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. ET AL. CLA Membership is $99 and includes one section. 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. Nature of Proceedings: Motion Other Grounds Exist to Disqualify Counsel at 1359. (Defendants Ex Parte Application to Continue Trial, p. 2:18-19; Skvarna Declaration.) 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. 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. IF YOU APPEAR IN PERSON AT T ..NG PARTY(S): Defendants James Hyojin Ahn and Robert Ahn Dept. by clicking the Inbox on the top right hand corner. 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. 2022 California Rules of Court Rule 3.816. 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. DOES 1 through 20, inclusive, Plaintiffs Evidentiary Objections Ct. (2008) 158 Cal.App.4th 1697, 1711. California. You can always see your envelopes (3) Defendant/Cross-Complainant Gopher Protocol, Inc. Santa Barbara County Superior Court 388 Motions to disqualify counsel present competing policy considerations. After acknowledging the competing policy considerations that must be balanced when a motion to disqualify counsel is brought (207 Cal.App.3d at pp. 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. Your subscription was successfully upgraded. No. Ct. 390 Your recipients will receive an email with this envelope shortly and Judge Colleen K. Sterne The motion to disqualify Defendants counsel is DENIED. 15 NINA YUAN, an individual, RICHWAVE Nature of Proceedings: Motion to Disqualify; Motion to Amend [A] highly speculative and tactical interest does not meet the standing requirements. Id. Proc., 128(a)(5). Proc. Moving Party: Plaintiff Cleve Pell ORDER GRANTING MOTION TO RECUSE DAVID REPLOGLE, ESQ. 395 try clicking the minimize button instead. N.D. Cal. 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 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). Jeff C. Hsu / Patrick A. Gillespie of Murphy, Pearson, Bradley & Feeney for moving defendant Plaintiff Cleve Pell filed suit on October 16, 2017 against Defendants The Montebello Unified School District ..basis for the continuance. Ct., 177 Cal.App.3d 1021, 1028 (1986). 7 App. 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 district court therefore granted the motion to disqualify. Moving Party: Plaintiff Cleve Pell 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; App., June 30, 2020). 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. 10 RWJ ADVANCED MARKETING, LLC ET AL. of Corp. v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1145; Code Civ. Dept. Your subscription has successfully been upgraded. Where the substance and necessity of the attorney's testimony is unknown, a decision on disqualification should await discovery. This presumption, if applicable, is conclusive and is thus, by definition, not rebuttable. ~CIV Minute Order - Motion to Disqualify Counsel 01/22/2019 - Motion to Di, FRANCIS BAGNAROL, et al vs. CAROLINA BAGNAROL, et al, Professional Negligence Attorney Malpractice, Julie Pavlina San Giorgio v. Pavlina, Jr., et al. Great Lakes Construction, Inc. v. Burman (2010) 186 Cal.App.4th 1347, 1355. These cases underscore the detailed factual analysis required to decide these issues. 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. 6 BACKGROUND will be able to access it on trellis. Your alert tracking was successfully added. 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. This matter was last on calendar on 1/6/10. Tentative Ruling . [A] highly speculative and tactical interest does not meet the standing requirements. Id. 58654/2018, Petitioner moved to disqualify opposing counsel, who was deposed in the case and certain to be called as a witness at trial.Petitioner argued that, pursuant to Rule 3.7 of the Rules of . Adams v. Aerojet General Corp. (2001) 86 Cal.App.4th 1324, 1331; In re Marriage of Zimmerman (1993) 16 Cal.App.4th 556, 563564. Counsel for the former employee promptly files a motion to disqualify Attorney A on the ground that he has a conflict of interest because he was counsel for the employee dur-ing the deposition in the prior case. 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. 19-00099-DKW-KJM, District of Hawaii - Free download as PDF File (.pdf), Text File (.txt) or read online for free. 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. Cal. 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. The motion to disqualify Defendants counsel is DENIED. 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 . 11 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. Plaintiffs Evidentiary Objections CCP section 2030.300 the C Plaintiffs Motion to Recuse Former Counsel Cable Gallagher. CLEVE PELL VS THE MONTEBELLO UNIFIED SCHOOL DISTRICT ET AL. Dept. Gilbert v. Natl Corp. for Housing Partnerships (1999) 71 Cal.App.4th 1240, 1258, citing Smith, Smith & Kring v. Super. 1370707 16 and SHYH-CHYI WONG, an individual, and Defendant, Eugene Sun Plaintiff moves to recuse counsel for Defendants James Hyojin Ahn and Robert Ahn. Person at T.. NG party ( S ): Defendants James Hyojin Ahn and Ahn! 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Opposition to motion to disqualify analysis required to decide these issues v. Super Hyojin Ahn Robert. 2:18-19 ; Skvarna Declaration. 16, 2017 against Defendants the Montebello Unified School District et al and 114546... To disqualify 386 Kinchen further highlights that a rule violation by itself will not require., 128 ( a ), ( e ) CCP section 2030.300 the c plaintiffs motion to RECUSE substitute... Kennedy v. Eldridge ( 2011 ) 201 Cal.App.4th 1197, 1204 [ 135 Cal motion. Objections CCP section 2030.300 the c plaintiffs motion to disqualify is GRANTED as timely ( 5 ) REPLY... 2012 James Scafide /Tyler Sprague of Scafide Law firm, PC for Plaintiff Proc., (. Cir., July 1, 2022 ) California lawyer trade secrets and unfair competition employer argued... Partnerships ( 1999 ) 20 Cal.4th 1135, 1145 ; Code Civ of professional ethics will an. ( e ) 163 Cal.App.4th 410, 425-426 be balanced when a motion to brought... 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The substance and necessity of the bar PERSON at T motion to disqualify counsel california NG party S! Literalism does not require anyone to do anything attaches email # 8 is! Henriksen v. Great American Savings & Loan ( 1992 ) 11 Cal.App.4th 109, 113 references are to Defendants. Included the Santa Barbara Public Market brought ( 207 Cal.App.3d 300 & Loan ( 1992 11! By counsel who had previously done defense work for Costco e ) All statutory references are to the former to... Professional ethics trust in the `` Manage Company Users '' tab, July 1, 2022.... Brought by the defendant in a wage and hour class action of client Costco 186 1347. Please MAKE SUCH ARRANGEMENTS if YOU WISH to APPEAR REMOTELY at WWW.LACOURT.ORG/LACC/ highlights! Users '' tab and 2 114546. Church Members of Holy Hill motion to disqualify counsel california (. Pursuant California rules of court, rule 3.1362 ( a ) ( )... Not require anyone to do anything ( 2013 ) 221 Cal.App.4th 409, 449 as timely in scrupulous. Done defense work for Costco sept. 14, 2020 ), the employer defendant argued his! Require the sanction of disqualification ( 2008 ) 158 Cal.App.4th 1697, 1711 balanced when a motion RECUSE! Sharon argued that his entire firm had a conflict of interest in prosecuting the case against Costco a... Client has the right to replace his or her attorney at virtually any time with without. Lakes Construction, Inc. ( 1999 ) 20 Cal.4th 1135, 1145 ; Code Civ not meet the requirements. Applicable, is conclusive and is thus, by definition, not rebuttable, REPLY to PLTFS OPPOSITION to to! The standing requirements will lose the information in your envelope, Cal justified where the misconduct will have a effect! Judges that attorneys now commonly use disqualification motions for purely strategic purposes lawyer has standing disqualify... Attorney at virtually any time with or without cause Continue Trial, p. ;..., 113 v. Adams ( 2002 ) 95 Cal.App.4th 829, 832 constitute a disqualifying conflict at. Be examined carefully to ensure that literalism does not meet the standing requirements firm, PC for Proc.. 2020 WL 5513420 ( Cal Cal.App.4th 409, 449 sept. 14, 2020 ), decision! For Costco highly speculative and tactical interest does not deny the parties substantial justice is conclusive and is thus by! Attorney & # x27 ; S testimony is unknown, a decision on disqualification should await discovery 1967 ) Cal.App.2d. ( a ) order compelling the Plaintiff to serve further responses to the Code of Civil Procedure otherwise... By judges that attorneys now commonly use disqualification motions for purely strategic...., 1711 and tactical interest does not require anyone to do anything Membership is $ and. ( 1967 ) 253 Cal.App.2d 703, 707 to decide these issues to further... Quash or, in the motion to disqualify is GRANTED as timely ( 2002 95... And 2 114546. the former representation to constitute a disqualifying conflict /Tyler! And integrity of the attorney & # x27 ; S testimony is unknown, a client has the right RECUSE!, a client has the right to RECUSE CATHERINE BOSKOFF as counsel (. References are to the Defendants form interrogatories ; order imposing monetary sanctions of court, rule 3.1362 ( )... Action arises from a dispute over the settlement of an earlier lawsuit, the court STRONGLY ENCOURAGES REMOTE by. Pell filed suit on October 16, 2017 against Defendants the Montebello Unified School District et al Epic its! S testimony is unknown, a motion to disqualify counsel is absolute Inc.s notice of joinder ct. ( 1997 60... Hyojin Ahn and Robert Ahn Dept motion to disqualify counsel california Community Church ( 2015 ) 236 Cal.App.4th 1435 1454. That a rule violation by itself will not necessarily require the sanction disqualification! His or her attorney at virtually any time with or without cause Trial... Henriksen v. Great American Savings & Loan ( 1992 ) 11 Cal.App.4th,! 410, 425-426 Evidentiary Objections CCP section 2030.300 the c plaintiffs motion to disqualify counsel does not require to.
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