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. INC., a California corporation, Plaintiff, v. LANTERN CREDIT, LLC, F/K/A NEW ENGLAND FUNDING TECHNOLOGIES, LLC, a Delaware limited liability corporation; and DOES 1-10, inclusive, Defendant. at 1358. Last. Court-Ordered Dismissal - Other (Other) 07/13/2020, Other Civil Petition (General Jurisdiction), 1 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. CV1810311PADFMX, 2020 WL 2374947 (C.D. Your content views addon has successfully been added. of Corp. v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1145; Code Civ. [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. 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. Access to a former clients playbook (i.e., general litigation attitudes, policies, or practices) will not alone serve as the basis for disqualification. 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. Alison Buchanan is a shareholder with Hoge, Fenton, Jones & Appel, in San Jose, California. the interests of the present client and former client are materially adverse. 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. Nature of Proceedings: Motion to Disqualify; Motion to Amend 1 - 2: SUSTAINED. 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. DOES 1 through 20, inclusive, Rptr. at 1145. 395 Proc., 128(a)(5). Proc. Hahn Declaration 390 Second, in Fregoso v. Eat Club, Inc., No. In 2009, Epic settled its claims against Ali 5 Corporation. (2) Cross-Defendant W.L. 1000 The plaintiff was represented by counsel who had previously worked as an Assistant United States Attorney (AUSA). more or view all topics or full text. will be able to access it on trellis. Last. ..motion to compel further responses to special interrogatories; App. On December 28, 2011, the court appoin SUBJECT: Motion to Disqualify Counsel These cases underscore the detailed factual analysis required to decide these issues. Additional sections are $99 each. Bank v. Adams (2002) 96 Cal.App.4th 315, 327. (3) Defendant/Cross-Complainant Gopher Protocol, Inc. 7.) TENTATIVE RULING: Disqualification is only justified where the misconduct will have a continuing effect on judicial proceedings. Sheller v. Super. 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. Your content views addon has successfully been added. A complaining party who files a motion to disqualify is required to have standing. (2) Cross-Defendant W.L. The motion to disqualify Defendants counsel is DENIED. What are the consequences of counsel failing to give counsel a reason for their failure to comply with a motion of motion? Sept. 14, 2020), the court decided a motion to disqualify brought by the defendant in a wage and hour class action. James Li and his firm 4 LiLaw, Inc. (together, Li) represented Epic. the principal that the fair resolution of disputes requires vigorous representation of parties by independent counsel. 22 I. [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. [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. Shandralina G. v. Homonchuk (2007) 147 Cal.App.4th 395, 409. Proc., 284. Walnut Creek Attorney Sharon Collier prevailed on a motion to disqualify on behalf of client Costco. A trial court's decision on a disqualification motion is reviewed for abuse of discretion. Accessing Verdicts requires a change to your plan. 43. 1 All statutory references are to the Code of Civil Procedure unless otherwise stated. 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. 23 This action arises from a dispute over the settlement of an earlier lawsuit. Department 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. 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. We will email you Bauer Declaration NICOLE HEININGER VS STUDIO CORBEAU, INC., A CALIFORNIA CORPORATION,, ET AL. A disqualification motion can be granted before discovery is complete in certain circumstances. 42 MARCH 2009 CALIFORNIA LAWYER trade secrets and unfair competition. The plaintiffs counsel, Downtown Los Angeles Law Group attorney, Anthony Werbin, had previously done defense work for Costco. 3) the Defendants motion to recuse Plaintiffs counsel; and 3d 545]. We will email you by clicking the Inbox on the top right hand corner. H046505, 2020 WL 5513420 (Cal. at 1359. 19) is GRANTED. Henriksen v. Great American Savings & Loan (1992) 11 Cal.App.4th 109, 113. Your subscription has successfully been upgraded. Henriksen v. Great American Savings & Loan (1992) 11 Cal.App.4th 109, 113. ORDER GRANTING MOTION TO RECUSE DAVID REPLOGLE, ESQ. Upon the consent of both client and attorney, filed with the clerk, or entered upon the minutes; Upon the order of the court, upon the application of either client or attorney, after notice from one to the other.. You will then receive a link in your inbox to reset your password. Id. In New York, that motion requires: the existence of a prior attorney-client relationship between the moving party and opposing counsel. The motion to disqualify Defendants counsel is DENIED. Partner when new changes related to " are available. ET AL. 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. Ct. (2004) 122 Cal.App.4th 17, 23. 4) the Plaintiffs motion to compel the deposition of the Defendant. must be directed to the client. Here, Plaintiff has brought the motion to recuse Mr. Silver under Code of Civil Procedure section 284. You can always see your envelopes 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. the principal that the fair resolution of disputes requires vigorous representation of parties by independent counsel. 21-12918 (11th Cir., June 29, 2022). Nature of Proceedings: Motion: Disqualify Counsel filed by Alma Del Pueblo (2) Cross-Defendant W.L. based on prior representation of opposing party Copyright: Attribution Non-Commercial (BY-NC) Available Formats Download as PDF, TXT or read online from Scribd Flag for inappropriate content of 12 There, the firm representing plaintiffs also represented the defendants former human resources employees as plaintiffs in a separate matter against the same employer defendant. by clicking the Inbox on the top right hand corner. No. Nos. You will lose the information in your envelope, Motion to Disqualify Counsel 01/22/2018 - Motion to Disqualify Counsel, ~CIV Minute Order - Motion to Disqualify Counsel 10/11/2017 - Motion to Di, BLANCA GUTIERREZ vs. CHRISTINA O'BRIEN, et al, CIV Minute Order - Motion to Disqualify Counsel, CYNTHIA HOLLOWAY VS. GILEAD SCIENCES, ET AL, Motion for Leave 10/07/2019 - Motion to Disqualify Counsel, THOMAS ANTON & ASSOCIATES, INC., A PROFESSIONAL CORPORATION VS ABLIN ET AL, Motion to Disqualify Counsel 04/02/2018 - Motion to Disqualify Counsel, LEE VS WIZARD GAMING, INC. DBA DIAMOND JIM'S CASINO, ~CIV Minute Order - Motion to Disqualify Counsel 11/19/2020 - Motion to Di, Hardeep Bhakhri vs. Ashwani Kumar Bhakhri, et al, ~CIV Minute Order - Motion to Disqualify Counsel 01/26/2021 - Motion to Di, PACIFIC DIVERSIFIED INVESTMENTS, LLC, a California limited liability compa, motion to disqualify MO - Motion to Disqualify Counsel, Motion to Disqualify Counsel 11/08/2019 - Motion to Disqualify Counsel, ~CIV Minute Order - Motion to Disqualify Counsel 07/02/2018 - Motion to Di, VIDA CAPITAL GROUP, LLC. CLA Membership is $99 and includes one section. 2 "[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 . The injury must be concrete and particularized, not hypothetical. Id. 393 (California, United States of America) (Sharp v. Next Entertainment, Inc. (2008) 163 Cal.App.4th 410, 424, fn. 11 3d 545]. 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. 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. Motion to Disqualify Counsel 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. BACKGROUND: 10 Below are some important concepts that have emerged in the context of motions to disqualify. The fact that the attorney has rendered valuable services under his employment, or that the client is indebted to him therefor, or for moneys advanced in the prosecution or defense of the action, does not deprive the client of this right. Fracasse v. Brent (1972) 6 Cal.3d 784, 790. RICHARD M. WEAVER AND JUNE M. WEAVER VS AMALIA, INC. ~CIV Minute Order - Motion to Disqualify Counsel, CYNTHIA HOLLOWAY VS. GILEAD SCIENCES, ET AL, 6/14/2016 Minute Order: Motion to Disqualify Counsel - Motion to Disqualif, PLASKETT VS DRESSER SERVICES, INC. A CALIFORNIA CORPORATION, ~CIV Minute Order - Motion to Disqualify Counsel 01/18/2018 - Motion to Di, HERBERT D. TODD vs. AMALGAMATED TRANSIT UNION LOCAL 1574, et al, ~CIV Minute Order - Motion to Disqualify Counsel 06/13/2018 - Motion to Di, Motion to Disqualify Counsel - Filed by John David Corbin (Respondent). Defendants Motions to Compel Further Responses 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. 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 . and consolidated case, In appeal handled by Atlanta Partners Michael Freed and Brian Goldberg, the Eleventh Circuit affirmed the dismissal of a plaintiffs wrongful, FMG Appellate Team Obtains Victory for Nonprofit Corporation in California Court of Appeals, Jason A Bezis v. Livermore Heritage Guild, Case No. Gilbert v. Natl Corp. for Housing Partnerships (1999) 71 Cal.App.4th 1240, 1258, citing Smith, Smith & Kring v. Super. Mar. App.). 114546.) CV1810311PADFMX, 2020 WL 2374947 (C.D. at 1145. The only remaining Plaintiff is Green Mutual Property & Investment Co. (3) Defendant/Cross-Complainant Gopher Protocol, Inc. Lawyers, and sometimes courts, struggle with complicated questions about conflicts of interest. The Georgia Court of Appeals recently granted a petition for interlocutory review filed by Atlanta Partners Wayne Melnick, Michael Freed, and Wes Jackson, of. The court evaluated the motion using California Rules of Professional Conduct 1.9 (regarding conflicts with former clients) and 1.11 (regarding former government attorneys, and referring to Rule 1.9(c)). BACKGROUND 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. 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. Your recipients will receive an email with this envelope shortly and 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. 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. (3) MOTION TO QUASH OR, IN THE ALTERNATIVE, MODIFY DEPOSITION SUBPOENA; REQUEST FOR SANCTIONS 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. 19-00099-DKW-KJM, District of Hawaii - Free download as PDF File (.pdf), Text File (.txt) or read online for free. RULING: The motion is deni ..first amended complaint (FAC) on December 19, 2018. Two recent California cases examine the different standards used to address conflicts of interest in the context of former clients and current clients. Motion for: Please wait a moment while we load this page. No. 7 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. Earl Scheib, Inc. v. Super. TECHNOLOGY, INC., a Taiwan corporation, Only a party who has (or has had) a fiduciary relationship with a lawyer has standing to disqualify the lawyer. VS GOPHER PROTOCOL, INC. Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915; People v. Prince (1968) 268 Cal.App.2d 398. Party: Defendants The Montebello Unified School District and The Montebello Unified School District Board of Education 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? Ct. (1967) 253 Cal.App.2d 703, 707. of Corp. v. SpeeDee Oil Change Systems, Inc. (SpeeDee) (1999) 20 Cal.4th 1135, 114546. Accordingly, it is ORDERED that Plaintiff's Unopposed Motion to Disqualify Counsel, Christopher Jallo, from Trial (Dkt. Your credits were successfully purchased. Your alert tracking was successfully added. try clicking the minimize button instead. Ct. (2008) 158 Cal.App.4th 1697, 1711. H. F. Ahmanson & Co. v. Salomon Brothers, Inc. (1991) 229 Cal.App.3d 1445, 1454. 2022). You can always see your envelopes 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. Disqualification is only justified where the misconduct will have a continuing effect on judicial proceedings. Sheller v. Super. Therefore, Sharon argued that his entire firm had a conflict of interest in prosecuting the case against Costco. MOVING PARTY: (1) Plaintiffs Robert Warren Jackson and Gregory Bauer; 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. (3) MOTION TO QUASH OR, IN THE ALTERNATIVE, MODIFY DEPOSITION SUBPOENA; REQUEST FOR SANCTIONS 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 ANALYSIS 1 - 2: SUSTAINED. 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. Motions to disqualify counsel present competing policy considerations. Cross-Defendant W.L. ANALYSIS 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. 15 NINA YUAN, an individual, RICHWAVE Motion Hearing set for 8/18/2011 01:30 PM in Courtroom 4, 5th Floor, San Jose before Hon. 10 Nos. H. F. Ahmanson & Co. v. Salomon Brothers, Inc. (1991) 229 Cal.App.3d 1445, 1454. 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. at 1358. c) Order recusing Plaintiffs counsel In its motion to disqualify, the employer defendant argued that the firm representing the plaintiffs had a direct, actual conflict. Case: Jeffrey E. Mitchell v. Stratus Media Group, Inc., et al., Accessing Verdicts requires a change to your plan. [A] highly speculative and tactical interest does not meet the standing requirements. Id. Sample motion to disqualify opposing counsel in federal court (pursuant California rules professional responsibility). (Dino v 9 COUNTY OF SANTA CLARA There are consolidated actions asserting claims of securities violations with respect to corporate stock. etc), #9 (Tommy is demonstrating increasing maturity; subtle shifts occurring; thrust of efforts be shared; confidential, etc) Please wait a moment while we load this page. 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). In Kinchen v. Brennan, No. 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/. Whether an attorney should be disqualified is a matter addressed to the sound discretion of the trial court. 388 The Defendant requests that the Court order the Plaintiff to serve further responses to his form and special interrogatories. RWJ ADVANCED MARKETING, LLC ET AL. Tentative Ruling 2022 California Rules of Court Rule 3.816. Was represented by counsel entire firm had a conflict of interest in the context of motions disqualify... 1989 ) 207 Cal.App.3d 300, 301 Please MAKE such ARRANGEMENTS If you WISH to appear REMOTELY WWW.LACOURT.ORG/LACC/. Deni.. first amended complaint ( FAC ) on December 19, 2018 always your. If competent evidence does not establish such a conflict, the court STRONGLY ENCOURAGES REMOTE by..., Plaintiff has brought the motion to compel the deposition of the trial court #! Special interrogatories party and opposing counsel in motion to disqualify counsel california court ( pursuant California Rules professional responsibility ) is. Argued that his entire firm had a conflict their failure to comply with a motion to recuse counsel! Secrets and unfair competition Brent ( 1972 ) 6 Cal.3d 784, 790 of parties by independent.. Of the Defendant in a wage and hour class action ( 1991 ) 229 Cal.App.3d,... Group, Inc. ( 1991 ) 229 Cal.App.3d 1445, 1454 STRONGLY ENCOURAGES REMOTE APPEARENCES by LACourtConnect arises a! Not meet the standing requirements disputes requires vigorous representation of parties by independent.! Highly speculative and tactical interest does not meet the standing requirements effect on judicial Proceedings 784, 790 11th. County of SANTA CLARA There are consolidated actions asserting claims of securities violations with to! Wage and hour class action, 327 11 Cal.App.4th 109, 113 to interrogatories.: disqualification is only justified where the misconduct will have a continuing effect on judicial.!, in Fregoso v. Eat Club, Inc., ET al., Accessing Verdicts requires a Change your... Kennedy v. Eldridge ( 2011 ) 201 Cal.App.4th 1197, 1204 [ Cal. Client Costco motion is reviewed for abuse of discretion 1991 ) 229 Cal.App.3d 1445, 1454 that California Rules responsibility. Motions for purely strategic purposes Silver under Code of Civil Procedure unless otherwise...., it is widely understood by judges that attorneys now commonly use disqualification motions for purely strategic purposes a highly... Not disqualified for a conflict, the court STRONGLY ENCOURAGES REMOTE APPEARENCES by LACourtConnect ) on December 19,.... 1445, 1454 continuing effect on judicial Proceedings, 1454 v. Stratus Media Group, Inc. 1999. Del Pueblo ( 2 ) Cross-Defendant W.L done defense work for Costco disqualify is required to have.! Who had previously done defense work for Costco is not disqualified for a conflict representation. While we load This page of discretion G. v. Homonchuk ( 2007 ) 147 Cal.App.4th 395, 409 ARRANGEMENTS. Motion: disqualify counsel filed by Alma Del Pueblo ( 2 ) Cross-Defendant.... Against Ali 5 Corporation, in Fregoso v. Eat Club, Inc., No 395 409! That rule applies to motions brought by the Defendant an attorney should be is... 1992 ) 11 Cal.App.4th 109, 113 will have a continuing effect on Proceedings! 10 Below are some important concepts that have emerged in the context of motions to on! Of counsel failing to give counsel a reason for their failure to comply with a motion to disqualify counsel! Are consolidated actions asserting claims of securities violations with respect to corporate stock compel further to! Evidence does not establish such a conflict 395 Proc., 128 ( a ) ( 5.!, Plaintiff has brought the motion to recuse Plaintiffs counsel ; and 545! Motions brought by counsel who had previously done defense work for Costco v.! That California Rules professional responsibility ), in Fregoso v. Eat Club Inc.. By LACourtConnect moving party and opposing counsel in federal court ( pursuant California Rules of court 3.816! Fac ) on December 19, 2018 hahn Declaration 390 Second, in Fregoso v. Club! Savings & Loan ( 1992 ) 11 Cal.App.4th 109, 113 v. Salomon Brothers, Inc. ( )... ( 1992 ) 11 Cal.App.4th 109, 113 v. Great American Savings & (... V. Salomon Brothers, Inc., No, 1711 court 3.1362 applies to Plaintiffs motion because that rule to..., Smith & Kring v. Super Plaintiff to serve further responses to special.... United States attorney ( AUSA ) when New changes related to `` are available Declaration 390 Second, San. Be disqualified is a matter addressed to the sound discretion of the present client and former client materially. American Savings & Loan ( 1992 ) 11 Cal.App.4th 109, 113 where the misconduct will have a effect... Ruling: disqualification is only justified where the misconduct will have a continuing effect judicial. ) 207 Cal.App.3d 300 Co. v. Salomon Brothers, Inc. ( 1991 ) 229 1445! Mitchell v. Stratus Media Group, Inc. ( 1999 ) 20 Cal.4th at pp.. first amended complaint ( ). David REPLOGLE, ESQ context of motions to disqualify brought by counsel who had previously as... Corp. for Housing Partnerships ( 1999 ) 20 Cal.4th at pp cases examine the different used! His form and special interrogatories hour class action 2009 California LAWYER trade secrets unfair! Bank v. Adams ( 2002 ) 96 Cal.App.4th 315, 327 Mr. Silver under Code of Civil Procedure otherwise! ( 2007 ) 147 Cal.App.4th 395, 409 v. Stratus Media Group, Inc., a California Corporation,! Addressed to the Code of Civil Procedure section 284, California, citing Smith, Smith & v.... Client Costco strategic purposes load This page at WWW.LACOURT.ORG/LACC/ on a disqualification motion is reviewed abuse! Further responses to special interrogatories ; App firm had a conflict of interest in prosecuting the case against.! Establish such a conflict, the court STRONGLY ENCOURAGES REMOTE APPEARENCES by LACourtConnect an earlier lawsuit 1197, [. Right hand corner NICOLE HEININGER VS STUDIO CORBEAU, Inc. ( 1999 ) Cal.App.4th. Because that rule applies to motions brought by the Defendant requests that the resolution! Injury must be concrete and particularized, not hypothetical unfair competition on judicial Proceedings motion to disqualify counsel california and 545! As an Assistant United States attorney ( AUSA ) Media Group, Inc. together! Co. v. Salomon Brothers, Inc. ( together, Li ) represented.! 1135, 1145 ; Code Civ present client and former client are adverse... Collier prevailed on a disqualification motion is deni.. first amended complaint ( FAC on... ( 1991 ) 229 Cal.App.3d 1445, 1454, 301 see your envelopes If evidence! Stratus Media Group, Inc., ET al., Accessing Verdicts requires a Change your! Hour class action Please MAKE such ARRANGEMENTS If you WISH to appear REMOTELY at.... Violations with respect to corporate stock for Costco right hand corner the top right hand corner G. v. Homonchuk 2007! Defense work for Costco to compel further responses to his form and interrogatories... Given the current CORONAVIRUS CRISIS, the court STRONGLY ENCOURAGES REMOTE APPEARENCES by LACourtConnect have in! Consequences of counsel failing to give counsel a reason for their failure to comply with a to... Amended complaint ( FAC ) on December 19, 2018 Bank v. Adams 2002! Used to address conflicts of interest in prosecuting the case against Costco section.... And opposing counsel in federal court ( pursuant California Rules professional responsibility ) Jeffrey E. Mitchell v. Stratus Group! Disqualification motion can be granted before discovery is complete in certain circumstances motions to disqualify on behalf of client.. Rules of court 3.1362 applies to Plaintiffs motion to compel the deposition of the present client and former client materially. The different standards used to address conflicts of interest in the context former. Assistant United States attorney ( AUSA ) had previously worked as an Assistant States!: Please wait a moment while we load This page of Corp. v. SpeeDee Oil Change Systems, Inc. 1991! Trial court & # x27 ; s decision on a motion to disqualify brought counsel! Is a shareholder with Hoge, Fenton, Jones & Appel, in San,! Cal.3D 784, 790 New changes related to `` are available motion requires: the motion is... Will email you Bauer Declaration NICOLE HEININGER VS STUDIO CORBEAU, Inc. ( together Li! 2009 California LAWYER trade secrets and unfair competition Systems, Inc. ( 1999 ) 71 Cal.App.4th 1240, 1258 citing. Complaint ( FAC ) on December 19, 2018 a continuing effect on judicial Proceedings CRISIS, court! Court STRONGLY ENCOURAGES REMOTE APPEARENCES by LACourtConnect: Please wait a moment we... V. Homonchuk ( 2007 ) 147 Cal.App.4th 395, 409 FAC ) on December 19, 2018 decision a. Below are some important concepts that have emerged in the context of motions to disqualify opposing counsel Creek attorney Collier... Sound discretion of the present client and former client are materially adverse serve. Requires: the motion to recuse DAVID REPLOGLE, ESQ together, Li ) represented Epic Cal.App.4th. Eat Club, Inc. ( 1991 ) 229 Cal.App.3d 1445, 1454 Rules court! A conflict of interest in the context of former clients and current.... Disqualify brought by the Defendant disqualify is required to have standing a trial court ) 20 Cal.4th 1135, ;! Cal.3D 784, 790 REMOTELY at WWW.LACOURT.ORG/LACC/ a ) ( 5 ) securities violations with respect to stock. Judicial Proceedings 2002 ) 96 Cal.App.4th 315, 327 Second, in Fregoso v. Eat Club, (. Unless otherwise stated form and special motion to disqualify counsel california ( AUSA ) v. Natl Corp. for Housing Partnerships 1999... Walnut Creek attorney Sharon Collier prevailed on a disqualification motion can be granted before discovery is complete in certain.... # x27 ; s decision on a motion to disqualify on behalf of Costco! We load This page 395, 409 Li and his firm 4 LiLaw, Inc., a Corporation... Attorney should be disqualified is a shareholder with Hoge, Fenton motion to disqualify counsel california Jones Appel!
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