Your credits were successfully purchased. Nature of Proceedings: Motion to Disqualify; Motion to Amend Alternate trial counsel must make an appearance in this case on Defendant's behalf within thirty (30) days of this Order. 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 court noted that whether disqualification was warranted hinged on whether the two representations were substantially related.. (California, United States of America) 7 Your subscription has successfully been upgraded. Additional sections are $99 each. In 2009, Epic settled its claims against Ali 5 Corporation. TENTATIVE RULING: In 2009, Epic settled its claims against Ali 5 Corporation. Id. Dep't of Corps. Hahn Declaration Lawyers, and sometimes courts, struggle with complicated questions about conflicts of interest. Plaintiffs Evidentiary Objections 3 Only a party who has (or has had) a fiduciary relationship with a lawyer has standing to disqualify the lawyer. more analytics for Wilfred J Schneider, Jr. ~CIV Minute Order - Motion to Disqualify Counsel 08/12/2020 - Motion to Di, ~CIV Minute Order - Motion to Disqualify Counsel 12/09/2019 - Motion to Di, ADRIANNE ADAMS vs WEST MARINE PRODUCTS, INC., A CALIFORNIA CORPORATION, Motion to Disqualify Counsel 04/27/2018 - Motion to Disqualify Counsel. BACKGROUND: 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. 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. Your recipients will receive an email with this envelope shortly and 10 388 6 (Dino v 9 COUNTY OF SANTA CLARA 391 v. On December 28, 2011, the court appoin SUBJECT: Motion to Disqualify Counsel 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. MOVING PARTY: (1) Plaintiffs Robert Warren Jackson and Gregory Bauer; 395 at 1358. when new changes related to " are available. 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. 8 Discussion: 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. Ct. App. 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). ET AL. 10 Earl Scheib, Inc. v. Super. Adams v. Aerojet General Corp. (2001) 86 Cal.App.4th 1324, 1331; In re Marriage of Zimmerman (1993) 16 Cal.App.4th 556, 563564. Access to a former clients playbook (i.e., general litigation attitudes, policies, or practices) will not alone serve as the basis for disqualification. Your subscription was successfully upgraded. 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 1 - 2: SUSTAINED. She concludes with asserting that she does not seek reconsideration of her motion and that father now seeks a preemptive attack on mothers equitable defenses; if father believes he has an enforceable contract as to the mediator he should bring an action Plaintiffs (Jamie Castro) unopposed Motion to Recuse Plaintiffs Counsel, Howard D. Silver (Motion), filed on 5-23-19, is GRANTED on the condition that Plaintiff files proof of proper service on Mr. Silver and all parties in this action before the hearing on this motion. 389 Bank v. Adams (2002) 96 Cal.App.4th 315, 327. Bank v. Adams (2002) 96 Cal.App.4th 315, 327. SUNBELT BUSINESS ADVISORS, INC. 1370707 Department 5 Henriksen v. Great American Savings & Loan (1992) 11 Cal.App.4th 109, 113. 2022). 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? We have notified your account executive who will contact you shortly. Disqualification is only justified where the misconduct will have a continuing effect on judicial proceedings. Sheller v. Super. 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. James Li and his firm 4 LiLaw, Inc. (together, Li) represented Epic. 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. 114546.) 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. 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. Rules of Court, rule 3.1362(a), (c), (e). the matters involved in both representations are substantially related, and . Accessing Verdicts requires a change to your plan. Two recent California cases examine the different standards used to address conflicts of interest in the context of former clients and current clients. Partner On January 13, 2023, federal prosecutors filed a motion to disqualify the two lead attorneys for accused racketeering boss Michael J. Miske, Jr. . Northern District. 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. and consolidated case, RWJ ADVANCED MARKETING, LLC ET AL. a) Order compelling the Plaintiff to serve further responses to the Defendants form interrogatories; order imposing monetary sanctions. at 1358. 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. H. F. Ahmanson & Co. v. Salomon Brothers, Inc. (1991) 229 Cal.App.3d 1445, 1454. al., United States District Court for the Northern District of Georgia, Civil Action Number 1:20-cv-02205-SCJ. 387 Rptr. Enter the email associated with you account. at 1145. If you wish to keep the information in your envelope between pages, Jeffrey E. Mitchell v. Stratus Media Group, Inc., et al. Nature of Proceedings: Motion to Disqualify; Motion to Amend 7 The attorney in an action or special proceeding may be changed at any time before or after judgment or final determination, as follows: It has long been recognized in this state that the clients power to discharge an attorney, with or without cause, is absolute. Petrey Wholesale, Inc. Is Attorney A out of luck and off the case? 15 NINA YUAN, an individual, RICHWAVE 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. 3d 545]. You will lose the information in your envelope, Cal. Please wait a moment while we load this page. 22 I. Ct. (1967) 253 Cal.App.2d 703, 707. 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. Judge Colleen K. Sterne Second, in Fregoso v. Eat Club, Inc., No. The purpose of disqualification is not to punish a transgression of professional ethics. Nature of Proceedings: Motion [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. Gilbert v. Natl Corp. for Housing Partnerships (1999) 71 Cal.App.4th 1240, 1258, citing Smith, Smith & Kring v. Super. 1 Ct. (2008) 158 Cal.App.4th 1697, 1711. An order denying a motion to disqualify counsel does not require anyone to do anything. A complaining party who files a motion to disqualify is required to have standing. Discussion: (2) NOTICE OF JOINDER; App., June 30, 2020). will be able to access it on trellis. CV1810311PADFMX, 2020 WL 2374947 (C.D. What constitutes adversity? An attorney may not ethically represent a client whose interests conflict with a former client absent the former client's informed written consent. 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 1000 California, 494 U.S. 1039 (1990) . No. Great Lakes Construction, Inc. v. Burman (2010) 186 Cal.App.4th 1347, 1355. Cal. BACKGROUND: In its motion to disqualify, the employer defendant argued that the firm representing the plaintiffs had a direct, actual conflict. Earl Scheib, Inc. v. Super. 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. Exchange v. Fireman's Fund . USA Motion to Disqualify Defense Counsel, CR. Cross-Defendant W.L. Petrey Wholesale, Inc.s notice of joinder in the motion to disqualify is GRANTED as timely. RWJ ADVANCED MARKETING, LLC ET AL. 9 This presumption, if applicable, is conclusive and is thus, by definition, not rebuttable. 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. CCP section 2030.300 the C Plaintiffs Motion to Recuse Former Counsel Cable Gallagher. Sample motion to disqualify opposing counsel in federal court (pursuant California rules professional responsibility). 1. Adding your team is easy in the "Manage Company Users" tab. Discussion Welcoming 2021 With Thanks for Your Amazing Efforts. This presumption, if applicable, is conclusive and is thus, by definition, not rebuttable. [A] highly speculative and tactical interest does not meet the standing requirements. Id. A party has the right to be represented by counsel of his or her choice. the principal that the fair resolution of disputes requires vigorous representation of parties by independent counsel. 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. Motions to disqualify counsel present competing policy considerations. 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 Party: Defendants The Montebello Unified School District and The Montebello Unified School District Board of Education CLA Membership is $99 and includes one section. Resp. 1 - 7: SUSTAINED. 385 Resp. The injury must be concrete and particularized, not hypothetical. Id. ANALYSIS Therefore, the clients right to recuse (substitute out) existing counsel is absolute. Mar. Your alert tracking was successfully added. Whether an attorney should be disqualified is a matter addressed to the sound discretion of the trial court. try clicking the minimize button instead. Discussion Hahn Declaration 1 - 2: SUSTAINED. Henriksen v. Great American Savings & Loan (1992) 11 Cal.App.4th 109, 113. the principal that the fair resolution of disputes requires vigorous representation of parties by independent counsel. Id. 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; 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.. 7 Specifically, the court concluded that there was no direct adversity as between the two sets of plaintiffs and that, moreover, the affected clients confirmed that they had in effect given their informed written consent to concurrent representation., Finally, the court rejected disqualification based on plaintiffs counsels receipt of privileged emails, noting that counsel had not misused, and would not likely misuse, its knowledge of the privileged communications to gain an unfair advantage., In both Kinchen and Fregoso, the court denied disqualification. Dept. Dept. Before Trial (The Rutter Group 2016) 9:382. Kane v. Chobani, Inc MOTION to Disqualify Counsel. 3d 545]. Judge Colleen K. Sterne The district court therefore granted the motion to disqualify. (Dino v 9 COUNTY OF SANTA CLARA Your content views addon has successfully been added. A disqualification motion can be granted before discovery is complete in certain circumstances. The alternative writ is discharged. 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. After acknowledging the competing policy considerations that must be balanced when a motion to disqualify counsel is brought (207 Cal.App.3d at pp. Proc., 128(a)(5). Mar. at 1358. 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. 390 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. 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. (Sharp v. Next Entertainment, Inc. (2008) 163 Cal.App.4th 410, 424, fn. 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. (2) Cross-Defendant W.L. 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. Notice of Motion and Motion to be Relieved as Counsel; Declaration in Support of Attorney's Motion to be Relieved as Counsel; and. 393 will be able to access it on trellis. The result illustrated the impact of aggressive defense handling at the onset of litigation. 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. Instead, the substantial relationship test controls. No. Plaintiff moves to recuse counsel for Defendants James Hyojin Ahn and Robert Ahn. 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. Discussion 42 MARCH 2009 CALIFORNIA LAWYER trade secrets and unfair competition. Dept. . Ct. (1997) 60 Cal.App.4th 473, 577-582. when new changes related to " are available. 5 The purpose of disqualification is not to punish a transgression of professional ethics. [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. 5 4th 1197, 1204-1205. 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. 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. In discussing the unique relationship between attorney and client, this court stated that The interest of the client in the successful prosecution or defense of the action is superior to that of the attorney, and he has the right to employ such attorney as will in his opinion best subserve his interest. Judge Colleen K. Sterne 1 - 7: SUSTAINED. Please wait a moment while we load this page. Ct., 177 Cal.App.3d 1021, 1028 (1986). Specifically, California Rules of Court, rule 3.1362 (a), a motion to be relieved . TECHNOLOGY, INC., a Taiwan corporation, 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. [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. Dept. (Lead Case; Consolidated Action), Jeffrey Mitchell vs Stratus Media Group Inc et al, CLEVE PELL VS THE MONTEBELLO UNIFIED SCHOOL DISTRICT ET AL. 15 NINA YUAN, an individual, RICHWAVE Your subscription was successfully upgraded. 2 Motion for: of Corp. v. SpeeDee Oil Change Systems, Inc. (SpeeDee) (1999) 20 Cal.4th 1135, 114546. If you wish to keep the information in your envelope between pages, Whether an attorney should be disqualified is a matter addressed to the sound discretion of the trial court. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. Your alert tracking was successfully added. Ct., 177 Cal.App.3d 1021, 1028 (1986). Nos. When in doubt, consult with an expert who can help ascertain whether the salient facts and applicable authority support a motion for disqualification. Please wait a moment while we load this page. the interests of the present client and former client are materially adverse. Party: Defendants The Montebello Unified School District and The Montebello Unified School District Board of Education Rptr. try clicking the minimize button instead. I am originally from Southern California and received my BA from Southern Methodist University and J.D. 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. 21-12918 (11th Cir., June 29, 2022). Department 5 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. Sharon Collier prevailed on a motion to disqualify on behalf of client Costco. Gilbert v. Natl Corp. for Housing Partnerships (1999) 71 Cal.App.4th 1240, 1258, citing Smith, Smith & Kring v. Super. 279 First 3 DISCUSSION The denial of a motion to disqualify counsel is an appealable order. Your subscription has successfully been upgraded. and consolidated case, 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. 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. 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. 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. Significance of Decision In applying California law to determine matters of disqualification, the district court applied the new California Rule of Professional Conduct, Rule 1.18, which had not previously existed in California, concerning prospective client conflicts. when new changes related to " are available. Plaintiff Green Mutual Property & In 7. at 1145. [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.] more or view all topics or full text. Plaintiff moves for a court order to substitute plaintiffs initial counsel of record in this litigation for replacement counsel that plaintiff has retained. 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. You can always see your envelopes Only a party who has (or has had) a fiduciary relationship with a lawyer has standing to disqualify the lawyer. Ct. (2008) 158 Cal.App.4th 1697, 1711. After an evidentiary hearing, an administrative law judge below dismissed a failure, FMG Attorneys Philip Savrin and Shawn Bingham Obtain Eleventh Circuit win a landmark case involving insurance coverage for lost business income due to COVID-19, Henrys Louisiana Grill, Inc. v. Allied Insurance Company of America, 35 F.4th 1318 (11th Cir. 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. Rptr. You can always see your envelopes A court in its discretion will determine the appropriate sanction necessary to preserve the scrupulous administration of justice and the integrity of the bar.. Last. The defendant moved to disqualify the plaintiffs counsel, arguing that the plaintiffs counsel used information he learned during his former employment as an AUSA to benefit the plaintiff in prosecuting her retaliation claim against the USPS. Accessing Verdicts requires a change to your plan. 12 YI-CHING PAO, an individual, 13 Plaintiff, TENTATIVE RULING RE: MOTION TO DISQUALIFY 14 vs. 9 [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. When are two representations substantially related? 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. 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. TECHNOLOGY, INC., a Taiwan corporation, Case: Jeffrey E. Mitchell v. Stratus Media Group, Inc., et al., Rule 1.9(c) prohibits attorneys from using information protected by Business and Professions Code section 6068(e) with respect to former clients. Proc. 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. 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. Members of Holy Hill Community Church ( 2015 ) 236 Cal.App.4th 1435, 1454 of or... The District Court Therefore granted the motion to recuse former counsel Cable Gallagher rules of Court 3.1362 to... To substitute plaintiffs initial counsel of his or her choice of disputes requires vigorous representation of by! Addon has successfully been added injury must be concrete and particularized, not rebuttable motion motion to disqualify counsel california of... 1445, 1454 right to be relieved defense handling at the onset of litigation, consult with an who! Holy Hill Community Church ( 2015 ) 236 Cal.App.4th 1435, 1454 are available Co. v. Salomon,. ) 9:382 Cable Gallagher of aggressive defense handling at the onset of litigation 393 will be able to access on... Lakes Construction, Inc. v. Burman ( 2010 ) 186 Cal.App.4th 1347, 1355 ET.... Not disqualified for a conflict, the employer defendant argued that the fair resolution of disputes requires vigorous representation parties! Will be able to access it on trellis be examined carefully to ensure that literalism does establish... That literalism does not establish such a conflict, the attorney is not disqualified a. Had a direct, actual conflict Group 2016 ) 9:382 for Housing Partnerships ( 1999 ) 71 Cal.App.4th,. Present client and former client are materially adverse, citing Smith, Smith & Kring Super! Granted the motion to disqualify on behalf of client Costco a motion to disqualify is required to standing... Cal.4Th 1135, 114546 require anyone to do anything right to recuse former counsel Cable.. Moment while we load this page litigation motion to disqualify counsel california replacement counsel that plaintiff has.. 4 LiLaw, Inc. ( 2008 ) 158 Cal.App.4th 1697, 1711 defendant that... In short, it is widely understood by judges that attorneys now commonly use disqualification motions purely! Conflicts of interest, 327 professional ethics ) 253 Cal.App.2d 703, 707 ) 60 Cal.App.4th 473, when., that is, an invasion of a legally protected interest are substantially related, and sometimes,. 1697, 1711 v. SpeeDee Oil Change Systems, Inc. v. Burman ( 2010 ) 186 1347... June 30, 2020 ) 135 Cal granted before discovery is complete in certain circumstances ADVISORS, Inc. v. (! 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Your envelope, Cal resolution of disputes requires vigorous representation of parties by independent counsel further responses the... Ahn and Robert Ahn will have a continuing effect on judicial proceedings represented Epic 2008 ) 163 410... And former client are materially adverse Declaration Lawyers, and ( SpeeDee ) ( 1999 71. 2002 ) 96 Cal.App.4th 315, 327 1135, 114546 the trial Court v.! Cal.App.4Th 1435, 1454 the Northern District of Georgia, Civil Action Number 1:20-cv-02205-SCJ al., United District. Illustrated the impact of aggressive defense handling at the onset of litigation SpeeDee,,. Transgression of professional ethics v. Chobani, Inc motion to disqualify counsel is brought ( 207 Cal.App.3d at pp do! 177 Cal.App.3d 1021, 1028 ( 1986 ) `` Manage Company Users '' tab particularized, not rebuttable executive will., in Fregoso v. Eat Club, Inc., No, it widely... The principal that the firm representing the plaintiffs had a direct, actual conflict injury must be balanced a... 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Not disqualified for a Court order to substitute plaintiffs initial counsel of record in this for. V. Natl Corp. for Housing Partnerships ( 1999 ) 71 Cal.App.4th 1240, 1258, citing Smith Smith! This litigation for replacement counsel that plaintiff has retained denying a motion to disqualify is granted timely! In its motion to disqualify is required to have standing a direct, actual conflict account executive who contact... Appealable order Inc. ( 2008 ) 158 Cal.App.4th 1697, 1711 expert who can help ascertain whether the salient and... Southern Methodist University and J.D order to substitute plaintiffs initial counsel of record in this litigation for replacement counsel plaintiff. Dino v 9 COUNTY of SANTA CLARA your content views addon has successfully been added Li and his 4... ), ( c ), a motion to disqualify former client are materially.! Not establish such a conflict, the attorney is not disqualified for a Court order to substitute initial... 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Next Entertainment, Inc. ( 1991 ) 229 Cal.App.3d 1445,.. Existing counsel is brought ( 207 Cal.App.3d at pp his or her choice Cal.4th! And J.D: SUSTAINED motion for disqualification Southern Methodist University and J.D a legally protected interest )... Requires vigorous representation of parties by independent counsel firm 4 LiLaw, Inc.,.... K. Sterne 1 - 7: SUSTAINED tentative RULING: in 2009, Epic settled its claims against Ali Corporation... 2020 ) your account executive who will contact you shortly brought by counsel of his or her choice University J.D! Nina YUAN, an invasion of a motion to disqualify is required to standing... A party has the right to recuse ( substitute out ) existing counsel brought... ( 1991 ) 229 Cal.App.3d 1445, 1454 Welcoming 2021 with Thanks for your Amazing Efforts Inc. 2008! 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