It is possible for a clients actions to invoke implied consent and waiver of potential conflicts. : 19CV352866 the principal that the fair resolution of disputes requires vigorous representation of parties by independent counsel. (2) Cross-Defendant W.L. (3) Defendant/Cross-Complainant Gopher Protocol, Inc. 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). 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. Eduardo Lopez et al The motion for disqualification was filed in January 2022, roughly three months before the trial was originally scheduled to take place and approximately five months after the City had obtained partial summary judgment on four of the Districts five claims. Civil Division The operative FAC alleges 27 causes of action arising from her purchase and ownership of an affordable residential condominium unit in the Alma del Pueblo development, which is a mixed-use (i.e., both commercial and residential) development. If you wish to keep the information in your envelope between pages, You can always see your envelopes WebA motion to recuse is a legal motion filed in court that says a judge should be disqualified, or removed, from a legal case. Alison Buchanan is a shareholder with Hoge, Fenton, Jones & Appel, in San Jose, California. 600 East Broadway, Glendale, CA 91206 COURTHOUSE ADDRESS: That rule states: "[A] member shall not communicate directly or indirectly about the subject of the representation with a party the member knows to be represented by another lawyer in the matter, unless the member has the consent of the other lawyer." Attorneys for at 1358. The injury must be concrete and particularized, not hypothetical. Id. 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. She frequently lectures throughout the state on attorney ethics. #233152 of Corporations v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1145.) 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? 
[A] substantial relationship exists whenever the subjects of the prior and the current representations are linked in some rational manner. (Jessen v. Hartford Cas. by clicking the Inbox on the top right hand corner. 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. Shandralina G. v. Homonchuk (2007) 147 Cal.App.4th 395, 409. WebJUSTICE CENTER: Central - 700 Civic Center Dr. West, Santa Ana, CA 92701-4045 Harbor Newport Beach Facility, 4601 Jamboree Rd., Newport Beach, CA 92660 Lamoreaux - 341 The City Drive South, Orange, CA 92868-3205 North 1275 N. Berkeley Ave., P.O. Mary Evelyn House Law Firm argued the policy considerations of: (1) a client's right to its choice of counsel; (2) disqualification would cause a substantial disruption to the litigation; and (3) the possibility of tactical abuse. 
Preliminary Matters These cases underscore the detailed factual analysis required to decide these issues. 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. A disqualification motion addresses a conflict between a partys right to choo Plaintiffs motion to disqualify defendants counsel is denied. WebThis tentative ruling is issued by the Honorable Michael W. Jones. by clicking the Inbox on the top right hand corner. 1100 Glendon Avenue (Westwood Center), 1, Electronically FILED by Superior Court of California, County of Los Angeles on 04/07/2022 11:08 AM Sherri R. Carter, Executive Officer/Clerk of Court, by S. Lopez,Deputy Clerk 4th 1135, 1143.) Redding, California 96099-2570 Superion Court of Califomia F Access to a former clients playbook (i.e., general litigation attitudes, policies, or practices) will not alone serve as the basis for disqualification. Plaintiff ..ed a complaint against Defendant and Does 1-10 for: Dept. WebA 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. jeffrey.goodfried@ffslaw.com Motion to Disqualify Counsel DCH Health Services Corp. v. Waite (2002) 95 Cal.App.4th 829, 832. 1 - 7: SUSTAINED. Last. (California Rules of Professional Conduct, Rule 1.7(a), (d); see also, Flatt v. Superior Court (Daniel) (1994) 9 Cal.4th 275, 284. 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. WebA 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. Your subscription has successfully been upgraded. While the claims against Ric For full print and download access, please subscribe at https://www.trellis.law/. 23AVCV00334 March 28, 2023 Motion to Disqualify Counsel The paramount concern must be to preserve public trust in the scrupulous administration of justice and the integrity of the bar. 825 Maple Avenue, Torrance, CA 90503 We noticed that you're using an AdBlocker. In exercising its discretion with respect to granting or denying a disqualification motion, a trial court may properly consider the possibility that the party brought the motion as a tactical device to delay litigation. 1 Ross Law 400 County Center, 1st Floor, Room A Redwood City, CA 94063 Ct. (2008) 158 Cal.App.4th 1697, 1711. 9 3. Oakland, CA 94607 Brent A. Robinson Chefs' Toys LLC, et al. MoFo for approximately 13 years (October 1997 December 2010) as an associate and partner. Case: Jeffrey E. Mitchell v. Stratus Media Group, Inc., et al., On March 27, 2023, I learned that Plaintiff Apple, Inc. recently added new counsel from The ADR administrator must return the case to the top of the arbitration hearing ), On appeal, a trial court's decision concerning a disqualification motion will not be disturbed absent an abuse of discretion. at 1359. 33430) CARLA HAROUTONIAN, an Individual will be able to access it on trellis. Plaintiff Cammie Myhieu Phans MOTION AND APPLICATION TO DISQUALIFY (Defendants Ex Parte Application to Continue Trial, p. 2:18-19; Skvarna Declaration.) 6 Ct. App. COUNTY OF SANTA CLARA Hearing Date: 04/02/2018 Time: 8:30 AM - 12:00 PM Ct. (1997) 60 Cal.App.4th 473, 577-582. The court denied the motion for sanctions, noting, Plaintiffs Motion to Disqualify was supported by some, albeit scant, evidence. at 1358. Your recipients will receive an email with this envelope shortly and 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 power of the court to order the disqualification of counsel is statutory. Great Lakes Construction, Inc. v. Burman (2010) 186 Cal.App.4th 1347, 1355. Two matters are the same or substantially related for the purposes of Rule 1.9, if they involve a substantial risk of a violation of an attorneys duty not to do anything that will injuriously affect the former client in any matter in which the lawyer represented the former client, and use against the former client knowledge or information acquired by virtue of the previous relationship. 9425 Penfield Avenue, Chatsworth, CA 91311 Your content views addon has successfully been added. BACKGROUND 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. MOVING PARTY: (1) Plaintiffs Robert Warren Jackson and Gregory Bauer; SUPERIOR COURT OF CALIFORNIA Code of Civil Procedure section 128, subdivision (a)(5) gives courts the power to order a lawyers disqualification. (DCH Health Services Corp. v. Waite (2002) 95 Cal.App.4th 829, 831-832.) 253804) If oral argument is requested, it shall be heard at 8:30 a.m. in Department 43: Plaintiffs motion to disqualify counsel for defendants is denied. Lawyers, and sometimes courts, struggle with complicated questions about conflicts of interest. Your content views addon has successfully been added. WebFiling 305 ORDER ON MOTION TO DISQUALIFY PLAINTIFFS' COUNSEL 294 signed by District Judge Lawrence J. O'Neill on October 13, 2010. In general, there are two types of situations in which conflicts requiring the disqualification of counsel may arise: successive representation and concurrent representation. Robert S. Ross (SBN 218913) Ct. (2008) 158 Cal.App.4th 1697, 1711. v. Nguyen (KC069769) Co. (2003) 111 Cal.App.4th 698, 711. and consolidated case, (California Rules of Professional Conduct, Rules 1.0.1. Moving Party: Plaintiff Cleve Pell No. ), The power of the court to order the disqualification of counsel is statutory. Enter the email associated with you account. The paramount concern must be to preserve public trust in the RE: Mai, et al. ENTIRETY AS COUNSEL FOR DEFENDANT MICHELLE NGUYEN First, identify and resolve potential conflicts, including both multiple and successive representations, before undertaking a representation or hiring a lateral. Email: luoe] @yahoo.com 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. Bank v. Adams (2002) 96 Cal.App.4th 315, 327. 12 YI-CHING PAO, an individual, 13 Plaintiff, TENTATIVE RULING RE: MOTION TO DISQUALIFY 14 vs. Additional sections are $99 each. 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. of Corp. v. SpeeDee Oil Change Systems, Inc. (SpeeDee) (1999) 20 Cal.4th 1135, 114546. at 1145. You can always see your envelopes She focuses her practice on business litigation and representing lawyers and law firms. 3. (3) A party to a civil action making that motion under this section shall serve notice on all parties no later than five days after making the motion. 393 WebJUSTICE CENTER: Central - 700 Civic Center Dr. West, Santa Ana, CA 92701-4045 Harbor Newport Beach Facility, 4601 Jamboree Rd., Newport Beach, CA 92660 Lamoreaux - 341 The City Drive South, Orange, CA 92868-3205 North 1275 N. Berkeley Ave., P.O. Martha Evensen Opich, SBN 95117 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. In its motion to disqualify, the employer defendant argued that the firm representing the plaintiffs had a direct, actual conflict. COUNTY OF LOS ANGELES PLAINTIFF: Second, in Fregoso v. Eat Club, Inc., No. [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. Fraud 04/03/2023 3 9100 Wilshire Blvd., Breach of Rental/Lease Contract (not unlawful detainer or wrongful eviction) (Limited Jurisdiction), Electronically FILED by Superior Court of California, County of Los Angeles on 01/26/2022 12:22 AM Sherri R. Carter, Executive Officer/Clerk of Court, by K. Hung,Deputy Clerk Jeffrey E. Mitchell v. Stratus Media Group, Inc., et al. 7 COUNTY OF LOS ANGELES COUNTY OF LOS ANGELES 246351) 5701 Lonetree Boulevard, Suite 314 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. 2 FREEMAN, FREEMAN & SMILEY, LLP TECHNOLOGY, INC., a Taiwan corporation, Judge Colleen K. Sterne A complaining party who files a motion to disqualify is required to have standing. County of Kern She is a co-vice chair and founding member of the Ethics Committee of the California Lawyers Association. WebCalifornia; Los Angeles County Superior Courts; ENCINO NEWCASTLE HOMEOWNERS ASSOCIATION VS DEL SOL PROPERTY MANAGEMENT, INC., ET AL. Pships (1999) 71 Cal.App.4th 1240, 1253. Whether an attorney should be disqualified is a matter addressed to the sound discretion of the trial court. 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: TENTATIVE RULING: 3 Case Number: GWILLIAM IVARY CHIOSSO CAVALLI & BREWER The views expressed herein are her own. dq.docx Code of Civil ..Superior Court (1978) 20 Cal.3d 906, 915; People ex rel. rstrauss@giccb.com Dept. 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. #191531 Cal. Your alert tracking was successfully added. E David Newman (Bar No. ATTORNEYS AT LAW In 2009, Epic settled its claims against Ali 5 Corporation. Ct., 177 Cal.App.3d 1021, 1028 (1986). and consolidated case, The ADR administrator must return the case to the top of the arbitration hearing ERIK MESA ALBARRAN, ET AL. 1 EMANUEL LAW FIRM WebFiling 305 ORDER ON MOTION TO DISQUALIFY PLAINTIFFS' COUNSEL 294 signed by District Judge Lawrence J. O'Neill on October 13, 2010. RULING: The motion is deni ..first amended complaint (FAC) on December 19, 2018. ATTORNEYS: Two important pre-motion strategies are effective. 2 Case: Jeffrey E. Mitchell v. Stratus Media Group, Inc., et al., 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. 2 Los Angeles, CA 90272 RAPHAEL B. EMANUEL, SBN 218755 Rule 1.9(c) prohibits attorneys from using information protected by Business and Professions Code section 6068(e) with respect to former clients. SUPERIOR COURT OF SAN MATEO COUNTY Tentative Ruling Accessing Verdicts requires a change to your plan. 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. 22 Randall B. [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. First, there must be a substantial relationship between the former representation and the current representation. The commercial units included the Santa Barbara Public Market. (California Rules of Court, Rule 3.1110.) Construction, Inc., et al PROPERTY MANAGEMENT, Inc., No corner... ( defendants Ex Parte APPLICATION to Continue Trial, p. 2:18-19 ; Skvarna.. 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Burman ( 2010 ) 186 Cal.App.4th 1347, 1355 whether an attorney should be disqualified is co-vice... Hill Community Church ( 2015 ) 236 Cal.App.4th 1435, 1454 right hand corner an associate and partner between partys... 13, 2010 A. Robinson Chefs ' Toys LLC, et al courts, with... & Appel, in San Jose, California Robinson Chefs ' Toys LLC, et al ( 1999 ) Cal.4th... Clara Hearing Date: 04/02/2018 Time: 8:30 AM - 12:00 PM Ct. ( 1997 ) 60 Cal.App.4th,. Will be able to access it on trellis waiver of potential conflicts county tentative ruling is by. 95 Cal.App.4th 829, 831-832. struggle with complicated questions about conflicts of.! She frequently lectures throughout the state on attorney ethics denied the motion for,.
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