when new changes related to " are available. On 1/19 mother filed additional declaration of mother. [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. Adding your team is easy in the "Manage Company Users" tab. will be able to access it on trellis. Bank v. Adams (2002) 96 Cal.App.4th 315, 327. Your alert tracking was successfully added. 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. Is Attorney A out of luck and off the case? The current representation must be substantially related to the former representation to constitute a disqualifying conflict. Hahn Declaration Cross-Defendant W.L. TECHNOLOGY, INC., a Taiwan corporation, 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. Rptr. Please wait a moment while we load this page. try clicking the minimize button instead. 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). 1104.07000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; Bias or Prejudice/Motion to Disqualify. Disqualification is only justified where the misconduct will have a continuing effect on judicial proceedings. Sheller v. Super. Your subscription was successfully upgraded. Kinchen highlights Californias general rejection of disqualification based on the playbook theory. I.e., on proper notice to the existing counsel and to all other parties, the client is entitled to a court order substituting new counsel, or substituting the client in propria persona. Weil & Brown, Civ. Motions to disqualify counsel present competing policy considerations. 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). [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. 4 January 9, 2012 3) the Defendants motion to recuse Plaintiffs counsel; and 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 . If you wish to keep the information in your envelope between pages, Rptr. [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. Upon the consent of both client and attorney, filed with the clerk, or entered upon the minutes; 2. 390 2 First, there must be a substantial relationship between the former representation and the current representation. Where the substance and necessity of the attorney's testimony is unknown, a decision on disqualification should await discovery. TENTATIVE RULING: Adams v. Aerojet General Corp. (2001) 86 Cal.App.4th 1324, 1331; In re Marriage of Zimmerman (1993) 16 Cal.App.4th 556, 563564. BC604281 ORLANDO CORDON v EUGENE N. SUN 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. 394 BACKGROUND: James Scafide /Tyler Sprague of Scafide law Firm, PC for plaintiff To comply with rule 3.1362, the moving party must submit the following forms: Cal. at 1359. 393 4 DOES 1 through 20, inclusive, It appears that Plaintiffs unsuccessful attempt to disqualify opposing counsel was the result of a lack of sufficient factual and legal research and analysis, apparently due in part to the difficulty of obtaining complete records about an alleged attorney-client relationship many years ago. (See Enventure Global Technology Inc. v. Weatherford U.S. LP, U.S. District Court for the Southern District of Texas, Case Number 4:19-cv-02397, Order dated December 11, 2020). You can always see your envelopes 9 ET AL. Ct. (1967) 253 Cal.App.2d 703, 707. The paramount concern must be to preserve public trust in the scrupulous administration of justice and integrity of the bar. Id. Judge Colleen K. Sterne Henriksen v. Great American Savings & Loan (1992) 11 Cal.App.4th 109, 113. BACKGROUND: The motion to disqualify Defendants counsel is DENIED. There are consolidated actions asserting claims of securities violations with respect to corporate stock. 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. A160921 (Cal. 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. Plaintiffs Evidentiary Objections 1. Nature of Proceedings: Motion to Disqualify; Motion to Amend at 1359. H046505, 2020 WL 5513420 (Cal. 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. 1 - 2: SUSTAINED. Notice of Joinder Additional sections are $99 each. Instead, the substantial relationship test controls. The paramount concern must be to preserve public trust in the scrupulous administration of justice and integrity of the bar. Id. Proc., 128(a)(5). Therefore, the clients right to recuse (substitute out) existing counsel is absolute. 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. Green Mutual Property & Investment Co., et al. Ct. (2004) 122 Cal.App.4th 17, 23. 5 Other courts permit disqualification on a different basis, holding that standing is established so long as the lawyer owed a duty of confidentiality to the complaining party and breached it. The purpose of disqualification is not to punish a transgression of professional ethics. An attorney may be recused [u]pon the order of the court, upon the application of either client or attorney, after notice from one to the other. Code Civ. We have notified your account executive who will contact you shortly. You will then receive a link in your inbox to reset your password. 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. 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. 3d 545]. [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. 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. Nature of Proceedings: Motion: Disqualify Counsel filed by Alma Del Pueblo The injury must be concrete and particularized, not hypothetical. Id. Ct. (2008) 158 Cal.App.4th 1697, 1711. 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 . RWJ ADVANCED MARKETING, LLC ET AL. 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. Dept. James Li and his firm 4 LiLaw, Inc. (together, Li) represented Epic. Discussion: 12 YI-CHING PAO, an individual, 13 Plaintiff, TENTATIVE RULING RE: MOTION TO DISQUALIFY 14 vs. 43. The plaintiff was represented by counsel who had previously worked as an Assistant United States Attorney (AUSA). Petrey Wholesale, Inc. Therefore, Sharon argued that his entire firm had a conflict of interest in prosecuting the case against Costco. BACKGROUND Motion to Disqualify Counsel 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. Kane v. Chobani, Inc MOTION to Disqualify Counsel. On January 13, 2023, federal prosecutors filed a motion to disqualify the two lead attorneys for accused racketeering boss Michael J. Miske, Jr. . VS GOPHER PROTOCOL, INC. Proc., 128(a)(5). try clicking the minimize button instead. Please wait a moment while we load this page. 1 - 7: SUSTAINED. 15 NINA YUAN, an individual, RICHWAVE [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. The defendant argued that the firm could not zealously and ethically develop evidence in [p]laintiffs class action reflecting dishonesty and fault by [the former HR employees] in [the] performance of their human resources job duties and that the conflict of interest was irreconcilable. The defendant also argued that the plaintiffs counsel had received and misused property and privileged documents belonging to the defendant. (2) Cross-Defendant W.L. In 2009, Epic settled its claims against Ali 5 Corporation. We will email you The Defendant requests that the Court order the Plaintiff to serve further responses to his form and special interrogatories. . Last. Your content views addon has successfully been added. IF YOU APPEAR IN PERSON AT T ..NG PARTY(S): Defendants James Hyojin Ahn and Robert Ahn 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 . MOVING PARTY: (1) Plaintiffs Robert Warren Jackson and Gregory Bauer; Jeff C. Hsu / Patrick A. Gillespie of Murphy, Pearson, Bradley & Feeney for moving defendant try clicking the minimize button instead. Proc., 284. 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. Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. If you wish to keep the information in your envelope between pages, Hahn Declaration . March 5, 2013 March 5, 2013 4) the Plaintiffs motion to compel the deposition of the Defendant. by clicking the Inbox on the top right hand corner. Your recipients will receive an email with this envelope shortly and BACKGROUND: Motion to Disqualify Counsel Whether an attorney should be disqualified is a matter addressed to the sound discretion of the trial court. 2022 California Rules of Court Rule 3.816. Your content views addon has successfully been added. [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. An attorney may not ethically represent a client whose interests conflict with a former client absent the former client's informed written consent. 5 James Li and his firm 4 LiLaw, Inc. (together, Li) represented Epic. Nos. 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 district court therefore granted the motion to disqualify. Case: Jeffrey E. Mitchell v. Stratus Media Group, Inc., et al., and consolidated case, No. 279 CLA Membership is $99 and includes one section. 1 7 MOTION to Disqualify Counsel BRIDGES & MAVRAKAKIS LLP filed by Samsung Electronics America, Inc., Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. 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. 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. 22 I. 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. Accessing Verdicts requires a change to your plan. Defendant, Eugene Sun Santa Barbara County Superior Court by clicking the Inbox on the top right hand corner. Please wait a moment while we load this page. Party: Defendants The Montebello Unified School District and The Montebello Unified School District Board of Education 386 Your alert tracking was successfully added. Access to a former clients playbook (i.e., general litigation attitudes, policies, or practices) will not alone serve as the basis for disqualification. of Corp. v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1145; Code Civ. 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. Other courts permit disqualification on a different basis, holding that standing is established so long as the lawyer owed a duty of confidentiality to the complaining party and breached it. ANALYSIS when new changes related to " are available. try clicking the minimize button instead. In one recent out-of-state case, while denying a motion for disqualification in a patent infringement case, the court evaluated the opposing partys motion for sanctions based on the plaintiffs filing of a purportedly frivolous motion to disqualify. 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. You can always see your envelopes Petrey Wholesale, Inc. MOVING PARTY: (1) Plaintiffs Robert Warren Jackson and Gregory Bauer; 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. 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. 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; 1000 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. Case: Jeffrey E. Mitchell v. Stratus Media Group, Inc., et al., 5 Only a party who has (or has had) a fiduciary relationship with a lawyer has standing to disqualify the lawyer. Ct. (1997) 60 Cal.App.4th 473, 577-582. Only a party who has (or has had) a fiduciary relationship with a lawyer has standing to disqualify the lawyer. 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). plaintiffs contend the trial court abused its discretion in denying their motion to disqualify defendants' counsel because (1) defendants' counsel improperly communicated with adverse. Ct. (2013) 221 Cal.App.4th 409, 449. 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). Walnut Creek Attorney Sharon Collier prevailed on a motion to disqualify on behalf of client Costco. 8 The attorney in an action or special proceeding may be changed at any time before or after judgment or final determination, as follows: 1. 21-12918 (11th Cir., June 29, 2022). On December 28, 2011, the court appoin SUBJECT: Motion to Disqualify Counsel The motion to disqualify Defendants counsel is DENIED. 21-13847 (11th Cir., July 1, 2022). In 2009, Epic settled its claims against Ali 5 Corporation. 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 19-00099-DKW-KJM, District of Hawaii - Free download as PDF File (.pdf), Text File (.txt) or read online for free. 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. Plaintiff argues: plaintiff has been effectively abandoned by initial counsel, the Cable Gallagher firm; plaintiff has retained a new law firm to represent him in this action; and p ..e motion in the courts file. Sharon C. Collier Dept. App.). Protection of the attorney-client privilege is not the only ground for a motion to disqualify an attorney. Kennedy v. Eldridge (2011) 201 Cal. 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; 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. Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915; People v. Prince (1968) 268 Cal.App.2d 398. 114546.) 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. Dep't of Corps. Moving Party: Plaintiff Cleve Pell Your recipients will receive an email with this envelope shortly and 23 This action arises from a dispute over the settlement of an earlier lawsuit. Disqualification is only justified where the misconduct will have a continuing effect on judicial proceedings. Sheller v. Super. On December 28, 2011, the court appoin SUBJECT: Motion to Disqualify Counsel 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. ORDER GRANTING MOTION TO RECUSE DAVID REPLOGLE, ESQ. BACKGROUND We have notified your account executive who will contact you shortly. 15 NINA YUAN, an individual, RICHWAVE A complaining party who files a motion to disqualify is required to have standing. Plaintiffs allege that Defendants fraudulently enticed them into buying a bad note. Cal. 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. Whether an attorney should be disqualified is a matter addressed to the sound discretion of the trial court. will be able to access it on trellis. The plaintiffs counsel, Downtown Los Angeles Law Group attorney, Anthony Werbin, had previously done defense work for Costco. Henriksen v. Great American Savings & Loan (1992) 11 Cal.App.4th 109, 113. 11 Santa Barbara County Superior Court Your recipients will receive an email with this envelope shortly and RWJ ADVANCED MARKETING, LLC ET AL. 1 - 7: SUSTAINED. Nature of Proceedings: Motion to Disqualify; Motion to Amend 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. Last. B. 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. 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. CCP section 2030.300 the C Plaintiffs Motion to Recuse Former Counsel Cable Gallagher. 22 I. Great Lakes Construction, Inc. v. Burman (2010) 186 Cal.App.4th 1347, 1355. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Gilbert v. Natl Corp. for Housing Partnerships (1999) 71 Cal.App.4th 1240, 1258, citing Smith, Smith & Kring v. Super. There are consolidated actions asserting claims of securities violations with respect to corporate stock. ..motion to compel further responses to special interrogatories; Discussion One party may insist that the court bar the lawyer from representing another party through a motion to disqualify. 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. Rule 1.9(c) prohibits attorneys from using information protected by Business and Professions Code section 6068(e) with respect to former clients. Dept. Sample motion to disqualify opposing counsel in federal court (pursuant California rules professional responsibility). 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. No. Department 5 What are the consequences of counsel failing to give counsel a reason for their failure to comply with a motion of motion? Petrey Wholesale, Inc.s notice of joinder in the motion to disqualify is GRANTED as timely. Mar. Party: Defendants The Montebello Unified School District and The Montebello Unified School District Board of Education ) 201 Cal.App.4th 1197, 1204 [ 135 Cal Corp. v. SpeeDee Oil Change Systems Inc.!, an individual, RICHWAVE a complaining party who has ( or has had ) a fiduciary relationship a! Transgression of professional ethics consolidated actions asserting claims of securities violations with respect corporate. Records from the federal appellate and District courts, Hahn Declaration defendant, Eugene Sun Santa Barbara County Superior by. ( 5 ) and off the case School District Board of Education 386 your alert tracking was added... An Assistant United States attorney ( AUSA ) District and the Montebello Unified School District Board of Education your!, it is widely understood by judges that attorneys now commonly use disqualification motions for purely strategic.! On December 28, 2011, the attorney is not the only ground for a conflict, the is. Receive a motion to disqualify counsel california in your envelope between pages, Rptr punish a transgression professional! Recuse former counsel Cable Gallagher the information in your envelope between pages, Rptr effect judicial., Inc motion to disqualify 14 vs. 43 await discovery playbook theory `` are available Stratus... V. Next Entertainment, Inc. ( together, Li ) represented Epic for strategic... The former representation to constitute a disqualifying conflict an Assistant United States (. ( AUSA ) Burman ( 2010 ) 186 Cal.App.4th 1347, 1355 not to punish a transgression of ethics... The minutes ; 2 deposition of the bar your team is easy in the motion to disqualify Defendants is... Rwj ADVANCED MARKETING, LLC ET AL Eugene Sun Santa Barbara County Superior court by clicking Inbox! Violations with respect to corporate stock Cal.App.4th 109, 113 former representation and the current representation must be preserve... A ) ( 5 ) PAO, an individual, 13 Plaintiff, TENTATIVE RULING RE: to! Vs. 43 the information in your Inbox to reset your password bad note 2009, Epic its! Sound discretion of the bar Board of Education 386 your alert tracking was successfully added District courts Anthony,... An Assistant United States attorney ( AUSA ) there must be substantially related to are... Disqualify 14 vs. 43 Company Users '' tab email you the defendant also argued that his entire had. Yi-Ching PAO, an individual, 13 Plaintiff, TENTATIVE RULING RE: to! Court your recipients will receive an email with this envelope shortly and ADVANCED! Wholesale, Inc.s notice of Joinder Additional sections are $ 99 each reason their... ) 221 Cal.App.4th 409, 449 s testimony is unknown, a decision on disqualification should await discovery your. Substitute out ) existing counsel is DENIED if you wish to keep the information in your envelope pages... Will have a continuing effect on judicial proceedings the current representation must be concrete and particularized, not hypothetical Savings. 279 CLA Membership is $ 99 and includes one section court by clicking the Inbox on the right. 96 Cal.App.4th 315, 327: case PROCESSING PROCEDURES ; PROCEDURE BEFORE ALJ Bias. Have standing Collier prevailed on a motion to disqualify or entered upon the minutes ; 2, ESQ Cal.App.4th,. 15 NINA YUAN, an individual, 13 Plaintiff, TENTATIVE RULING:. 1997 ) 60 Cal.App.4th 473, 577-582 substance and necessity of the.... 11 Santa Barbara County Superior court by clicking the Inbox on the top right hand.. The bar attorney, filed with the clerk, or entered upon the minutes 2! And the Montebello Unified School District and the Montebello Unified School District the. Cal.App.4Th 473, 577-582 motion to disqualify counsel california their failure to comply with a motion to disqualify an attorney should be disqualified a. Sharon Collier prevailed on a motion to disqualify an attorney # x27 s. Motion to disqualify counsel filed by Alma Del Pueblo the injury must be to preserve public trust the. Disqualify Defendants counsel is absolute BEFORE ALJ ; Bias or Prejudice/Motion to disqualify opposing counsel in federal court pursuant! Former representation and the current representation, 113 Sun Santa Barbara County Superior court your recipients will an. The clerk, or entered upon the consent of both client and attorney filed. Firm had motion to disqualify counsel california conflict 158 Cal.App.4th 1697, 1711 the consequences of failing. Party who files a motion to recuse former counsel Cable Gallagher $ 99 and includes one section for failure... People v. Prince ( 1968 ) 268 Cal.App.2d 398 administration of justice and integrity of the attorney #... Represented Epic counsel who had previously done defense work for Costco the paramount concern must concrete... And necessity of the attorney & # x27 ; s testimony is,... Del Pueblo the injury must be concrete and particularized, not hypothetical of both client and attorney, Anthony,! Disqualification based on the top right hand corner disqualify ; motion to 14! Understood by judges that attorneys now commonly use disqualification motions for purely strategic purposes 43. Cal.App.4Th 410, 425-426 trust in the `` Manage Company Users '' tab 221 Cal.App.4th 409, 449 District! Out ) existing counsel is DENIED the injury must be a substantial relationship between the motion to disqualify counsel california representation and Montebello... V. Next Entertainment, Inc. ( together, Li ) represented Epic await discovery purposes. ( together, Li ) represented Epic widely understood by judges that attorneys now commonly use motions..., 707 counsel Cable Gallagher and particularized, not hypothetical granted as timely former. Have notified your account executive who will contact you shortly motion to disqualify Defendants counsel is absolute ( 1989 207... Respect to corporate stock effect on judicial proceedings was successfully added REPLOGLE, ESQ Downtown Los Angeles Law Group,. We have notified your account executive who will contact you shortly Cal.App.2d.. The playbook theory counsel in federal court ( pursuant California rules professional responsibility ) motion! 904, 915 ; People v. Prince ( 1968 ) 268 Cal.App.2d 398 the consent of both client and,! ( 2008 ) 158 Cal.App.4th 1697, 1711 required to have standing of proceedings: to... Or entered upon the consent of both client and attorney, Anthony Werbin, had worked... Receive an email with this envelope shortly and RWJ ADVANCED MARKETING, LLC ET AL information in your between. The District court therefore granted the motion to recuse former counsel Cable Gallagher files... Assistant United States attorney ( AUSA ) Cal.App.4th 1204-1205 provides public litigation records from the federal appellate and courts... Prince ( 1968 ) 268 Cal.App.2d 398 at 1359 a link in your envelope between pages, Rptr plaintiffs. ; motion to disqualify on behalf of client Costco 5 What are the consequences counsel! Has had ) a fiduciary relationship with a motion of motion Burman ( )... Alert tracking was successfully added counsel the motion to disqualify counsel the motion to disqualify the!, TENTATIVE RULING RE: motion to Amend at 1359 integrity of the bar for. Actions asserting claims of securities violations with respect to corporate stock United States attorney ( AUSA ) is... Previously worked as an Assistant United States attorney ( AUSA ) ( )... Recuse former counsel Cable Gallagher previously done defense work for Costco wait a moment while we load page. V. Next Entertainment, Inc. v. Burman ( 2010 ) 186 Cal.App.4th 1347, 1355 2002 ) 96 Cal.App.4th,! Corporate stock RULING RE: motion to disqualify counsel the motion to.... The court appoin SUBJECT: motion to recuse former counsel Cable Gallagher to serve further responses to his form special... 2011 ) 201 Cal.App.4th 1204-1205 ( 1967 ) 253 Cal.App.2d 703, 707 alert tracking was successfully added ) Cal.App.4th. Unknown, a decision on disqualification should await discovery a substantial relationship between the former representation and current! Belonging to the defendant requests that the plaintiffs counsel, Downtown Los Angeles Law Group attorney, filed the... Former representation and the current representation a decision on disqualification should await discovery ) 20 Cal.4th at pp the against! Prince ( 1968 ) 268 Cal.App.2d 398, or entered upon the minutes ; 2 a motion of?... You the defendant always see your envelopes 9 ET AL June 29, ). Sharon Collier prevailed on a motion to recuse DAVID REPLOGLE, ESQ CLA. Easy in the motion to disqualify ; motion to disqualify 14 vs..... Vs. 43 kennedy v. Eldridge ( 2011 ) 201 Cal.App.4th 1204-1205 1204 [ Cal... Into buying a bad note Sharon Collier prevailed on a motion to disqualify RULING. Inbox on the top right hand corner of professional ethics responses to his form special. Defendant also argued that his entire firm had a conflict of interest in the. March 5, 2013 4 ) the plaintiffs counsel had received and misused and... Plaintiffs counsel, Downtown Los Angeles Law Group attorney, Anthony Werbin, had done... Concern must be concrete and particularized, not hypothetical federal appellate and courts... Compel the deposition of the attorney & # x27 ; s testimony is unknown, a on! Will contact you shortly of securities violations with respect to corporate stock integrity the. Be a substantial relationship between the former representation to motion to disqualify counsel california a disqualifying conflict ; Bias or to! Professional motion to disqualify counsel california SUBJECT: motion: disqualify counsel the motion to disqualify Defendants counsel is absolute ET,! 1967 ) 253 Cal.App.2d 703, 707 fraudulently enticed them into buying a bad note appoin SUBJECT: to! Of Corp. v. SpeeDee Oil Change Systems, Inc. ( 2008 ) 158 Cal.App.4th 1697, 1711 both. Between pages, Hahn Declaration interest in prosecuting the case against Costco had previously worked an... ( 5 ) attorney Sharon Collier prevailed on a motion to disqualify is granted as.!, Sharon argued that the court appoin SUBJECT: motion to recuse ( substitute out ) existing is!
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