1. The moving party must serve the aforementioned forms on the client and all other parties who have appeared in the case. TECHNOLOGY, INC., a Taiwan corporation, We have notified your account executive who will contact you shortly. "[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 . Judge Colleen K. Sterne The California Supreme Court has recognized that a motion to disqualify a party's counsel 6 7 "may implicate several important interests," which must be examined carefully "to ensure that 8 literalism does not deny the parties substantial justice." People ex rel. SUNBELT BUSINESS ADVISORS, INC. 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; 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. 58654/2018, Petitioner moved to disqualify opposing counsel, who was deposed in the case and certain to be called as a witness at trial.Petitioner argued that, pursuant to Rule 3.7 of the Rules of . (Dino v 9 COUNTY OF SANTA CLARA Your alert tracking was successfully added. 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. Protection of the attorney-client privilege is not the only ground for a motion to disqualify an attorney. Kennedy v. Eldridge (2011) 201 Cal. RWJ ADVANCED MARKETING, LLC ET AL. Last. 12 YI-CHING PAO, an individual, 13 Plaintiff, TENTATIVE RULING RE: MOTION TO DISQUALIFY 14 vs. App. NICOLE HEININGER VS STUDIO CORBEAU, INC., A CALIFORNIA CORPORATION,, ET AL. Whether an attorney should be disqualified is a matter addressed to the sound discretion of the trial court. H. F. Ahmanson & Co. v. Salomon Brothers, Inc. (1991) 229 Cal.App.3d 1445, 1454. 22 I. DOES 1 through 20, inclusive, Walnut Creek Attorney Sharon Collier prevailed on a motion to disqualify on behalf of client Costco. The paramount concern must be to preserve public trust in the scrupulous administration of justice and integrity of the bar. Id. Kane v. Chobani, Inc MOTION to Disqualify Counsel. 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). Santa Barbara County Superior Court from Texas Tech University School of Law. Party: Defendants The Montebello Unified School District and The Montebello Unified School District Board of Education Petrey Wholesale, Inc.s notice of joinder in the motion to disqualify is GRANTED as timely. (Defendants Ex Parte Application to Continue Trial, p. 2:18-19; Skvarna Declaration.) 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 assessing motions to disqualify based on conflicts, Colorado courts also consider (1) a client's preference for a particular counsel, (2) the client's right to confidentiality in communications with his or her attorney, (3) the integrity of the judicial process, and (4) the nature of the particular conflict of interest involved. Henriksen v. Great American Savings & Loan (1992) 11 Cal.App.4th 109, 113. Rptr. Plaintiff Green Mutual Property & In 7. 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 Ct. (2004) 122 Cal.App.4th 17, 23. VS GOPHER PROTOCOL, INC. Ct. (2008) 158 Cal.App.4th 1697, 1711. Cross-Defendant W.L. [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. 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. 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. the principal that the fair resolution of disputes requires vigorous representation of parties by independent counsel. 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)). Bauer Declaration Nature of Proceedings: Motion ET AL. 23 This action arises from a dispute over the settlement of an earlier lawsuit. "[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 . If you wish to keep the information in your envelope between pages, 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. Nature of Proceedings: Motion to Disqualify; Motion to Amend First No. 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. The motion to disqualify Defendants counsel is DENIED. . 3d 545]. VS GOPHER PROTOCOL, INC. Sample motion to disqualify opposing counsel in federal court (pursuant California rules professional responsibility). 4 114546.) We will email you Gilbert v. Natl Corp. for Housing Partnerships (1999) 71 Cal.App.4th 1240, 1258, citing Smith, Smith & Kring v. Super. She attaches email #8 (is she spiraling out? On January 13, 2023, federal prosecutors filed a motion to disqualify the two lead attorneys for accused racketeering boss Michael J. Miske, Jr. . The views expressed herein are her own. When in doubt, consult with an expert who can help ascertain whether the salient facts and applicable authority support a motion for disqualification. more or view all topics or full text. Order Granting Attorney's Motion to be Relieved as Counsel. Ct. (1967) 253 Cal.App.2d 703, 707. Your subscription has successfully been upgraded. 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. 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.. Other Grounds Exist to Disqualify Counsel Ct. Sept. 14, 2020), the court decided a motion to disqualify brought by the defendant in a wage and hour class action. (Defendants Ex Parte Application to Continue Trial, p. 2:18-19; Skvarna Declaration.) FMG attorneys Phil Savrin and Shawn Bingham prevailed on a motion for, NLRB Affirms Dismissal of Failure to Bargain Complaint, Dallas FMG attorney Robert Chadwick obtained a favorable appellate ruling from the National Labor Relations Board (NLRB) on behalf of a transportation company. 1 - 7: SUSTAINED. An attorney may not ethically represent a client whose interests conflict with a former client absent the former client's informed written consent. The plaintiff was represented by counsel who had previously worked as an Assistant United States Attorney (AUSA). Is Attorney A out of luck and off the case? Defendant, Eugene Sun (3) MOTION TO QUASH OR, IN THE ALTERNATIVE, MODIFY DEPOSITION SUBPOENA; REQUEST FOR SANCTIONS 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. 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. We have notified your account executive who will contact you shortly. BACKGROUND Motion to Disqualify Counsel Motions to disqualify counsel present competing policy considerations. MOVING PARTY: (1) Plaintiffs Robert Warren Jackson and Gregory Bauer; This matter was last on calendar on 1/6/10. Petrey Wholesale, Inc.s notice of joinder in the motion to disqualify is GRANTED as timely. Nos. the principal that the fair resolution of disputes requires vigorous representation of parties by independent counsel. the interests of the present client and former client are materially adverse. Plaintiff moves to recuse counsel for Defendants James Hyojin Ahn and Robert Ahn. 388 Mar. Judge Colleen K. Sterne PER Regulation 32155 does not empower an ALJ or other Board agent to rule on whether a Board member or the entire Board itself should be disqualified. NO OTHER TYPES OF REMOTE APPEARANCES ARE AVAILABLE FOR THIS PARTICULAR COURTROOM, INCLUDING COURT CALL. (Lira, I) Download PDF. Adding your team is easy in the "Manage Company Users" tab. Lawyers, and sometimes courts, struggle with complicated questions about conflicts of interest. Defendant also argued that counsel violated California Rule of Professional Conduct 4.2 (the no contact rule) by contacting a managing agent of the USPS directly, further warranting disqualification. (2) Cross-Defendant W.L. Ct., 177 Cal.App.3d 1021, 1028 (1986). 10 BACKGROUND: Motion to Disqualify Counsel 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. Proc., 128(a)(5). Nos. We will email you 10 Below are some important concepts that have emerged in the context of motions to disqualify. Shandralina G. v. Homonchuk (2007) 147 Cal.App.4th 395, 409. 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. 11 (Lead Case; Consolidated Action), Jeffrey Mitchell vs Stratus Media Group Inc et al, CLEVE PELL VS THE MONTEBELLO UNIFIED SCHOOL DISTRICT ET AL. Petrey Wholesale, Inc. al., United States District Court for the Northern District of Georgia, Civil Action Number 1:20-cv-02205-SCJ. 3d 545]. After acknowledging the competing policy considerations that must be balanced when a motion to disqualify counsel is brought (207 Cal.App.3d at pp. 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. Tentative Ruling 10 The motion to disqualify Defendants counsel is DENIED. Last. 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 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. 390 by clicking the Inbox on the top right hand corner. 389 c) Order recusing Plaintiffs counsel 8 Gilbert v. Natl Corp. for Housing Partnerships (1999) 71 Cal.App.4th 1240, 1258, citing Smith, Smith & Kring v. Super. Id. The attorney in an action or special proceeding may be changed at any time before or after judgment or final determination, as follows: 1. Motions to disqualify counsel present competing policy considerations. "[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 . Cal. Your content views addon has successfully been added. There are consolidated actions asserting claims of securities violations with respect to corporate stock. of Corp. v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1145; Code Civ. Please wait a moment while we load this page. Discussion: Plaintiffs Evidentiary Objections 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. ARIA SARBELAND, et al, REPLY TO PLTFS OPPOSITION TO MOTION TO RECUSE CATHERINE BOSKOFF AS COUNSEL. 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. The plaintiffs counsel, Downtown Los Angeles Law Group attorney, Anthony Werbin, had previously done defense work for Costco. The Defendant requests that the Court order the Plaintiff to serve further responses to his form and special interrogatories. Your alert tracking was successfully added. 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 other persons in any manner connected with a judicial proceeding before it, in every matter pertaining thereto. People ex rel. Moving Party: Plaintiff Cleve Pell 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. Party: Defendants The Montebello Unified School District and The Montebello Unified School District Board of Education 21-13847 (11th Cir., July 1, 2022). Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. 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. Your credits were successfully purchased. Green Mutual Property & Investment Co., et al. 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. 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. 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 . Case: Jeffrey E. Mitchell v. Stratus Media Group, Inc., et al., 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. 12 YI-CHING PAO, an individual, 13 Plaintiff, TENTATIVE RULING RE: MOTION TO DISQUALIFY 14 vs. Cross-Defendant W.L. DONE and ORDERED in Tampa, Florida on April 11, 2016. Second, in Fregoso v. Eat Club, Inc., No. In 2009, Epic settled its claims against Ali 5 Corporation. 8 January 9, 2012 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. There are consolidated actions asserting claims of securities violations with respect to corporate stock. The injury must be concrete and particularized, not hypothetical. Id. BACKGROUND: and consolidated case, Your subscription has successfully been upgraded. 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. Plaintiff moves for a court order to substitute plaintiffs initial counsel of record in this litigation for replacement counsel that plaintiff has retained. 5 Santa Barbara County Superior Court (California, United States of America) If a defendant makes a motion for a continuance of trial on grounds of ineffective assistance of counsel at trial, is it appropriate to appoint a new counsel to prepare the motion? First An order denying a motion to disqualify counsel does not require anyone to do anything. Last. DCH Health Services Corp. v. Waite (2002) 95 Cal.App.4th 829, 832. B. by clicking the Inbox on the top right hand corner. I am a litigation attorney and practice in the . 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. Ct. (2004) 122 Cal.App.4th 17, 23. 3 What are the consequences of counsel failing to give counsel a reason for their failure to comply with a motion of motion? 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. 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. In a case of first impression, the Eleventh Circuit affirmed the district courts dismissal of an insureds claim for, FMG Attorney Philip Savrin Obtains Affirmance of Summary Judgment on Behalf of Insurance Company in Eleventh Circuit Court of Appeals, Siasim Columbia, LLC, v. Scottsdale Insurance Company, Case No. One party may insist that the court bar the lawyer from representing another party through a motion to disqualify. Ct. (2013) 221 Cal.App.4th 409, 449. Great Lakes Construction, Inc. v. Burman (2010) 186 Cal.App.4th 1347, 1355. ORDER ON MOTION TO DISQUALIFY PLAINTIFFS' COUNSEL 294 signed by District Judge Lawrence J. O'Neill on October 13, 2010. 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. 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. by clicking the Inbox on the top right hand corner. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. of Corp. v. SpeeDee Oil Change Systems, Inc. (SpeeDee) (1999) 20 Cal.4th 1135, 114546. 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. 1 - 7: SUSTAINED. Your content views addon has successfully been added. Gilbert v. Natl Corp. for Housing Partnerships (1999) 71 Cal.App.4th 1240, 1258, citing Smith, Smith & Kring v. Super. 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. 7 3 DISCUSSION The denial of a motion to disqualify counsel is an appealable order. The purpose of disqualification is not to punish a transgression of professional ethics. (3) Defendant/Cross-Complainant Gopher Protocol, Inc. 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. Ct., 177 Cal.App.3d 1021, 1028 (1986). Motion to Recuse/Disqualify Counsel for Conflict: California Family Law Treatise Motion to Recuse/Disqualify Counsel in Family Law Case. by clicking the Inbox on the top right hand corner. She frequently lectures throughout the state on attorney ethics. Great Lakes Construction, Inc. v. Burman (2010) 186 Cal.App.4th 1347, 1355. 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. 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. [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. On December 28, 2011, the court appoin SUBJECT: Motion to Disqualify Counsel the matters involved in both representations are substantially related, and . In that matter, a former USPS employee sued the USPS for retaliation following the employees termination. 394 must be directed to the client. Here, Plaintiff has brought the motion to recuse Mr. Silver under Code of Civil Procedure section 284. The plaintiff,, Dismissal of 2 Zoning Ordinance Appeals in Georgia Court of Appeals, On behalf of FMG client, the City of Dacula, Amy Cowan successfully obtained the dismissal of two appeals before the Georgia Court of Appeals. Welcoming 2021 With Thanks for Your Amazing Efforts. TENTATIVE RULING: 17, 2020), the Central District of California decided a motion to disqualify brought by the defendant based on two grounds: (1) a purported conflict based on plaintiffs counsels prior employment by the defendant; and (2) plaintiffs counsels improper receipt of information, procured by communicating with defendants managing agent in an alleged violation of the no contact rule. When are two representations substantially related? [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.] Discussion 1 - 7: SUSTAINED. Disqualification for conflict of interest (a) Arbitrator's duty to disqualify himself or herself The arbitrator must determine whether any cause exists for disqualification upon any of the grounds set forth in Code of Civil Procedure section 170.1 governing the disqualification of judges. 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 ..motion to compel further responses to special interrogatories; Bank v. Adams (2002) 96 Cal.App.4th 315, 327. Dept. Your alert tracking was successfully added. VS GOPHER PROTOCOL, INC. 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. Filing 31. MOTION to Disqualify Counsel BRIDGES & MAVRAKAKIS LLP filed by Samsung Electronics America, Inc., Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. 6 Petrey Wholesale, Inc. 19) is GRANTED. 1 - 2: SUSTAINED. 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. Upon the consent of both client and attorney, filed with the clerk, or entered upon the minutes; 2. Nos. 4th 1197, 1204-1205. Nature of Proceedings: Motion to Disqualify; Motion to Amend You will lose the information in your envelope, Points and Authorities ISO Attorneys' Fees, KERN WATER BANK AUTHORITY VS KERN LOCAL AGENCY FORMATION COMMISSION, DECLARATION IN SUPPORT OF ATTORNEY'S MOTION TO BE RELIEVED AS COUNSEL (20S, Vijay Lathi, et al vs. Nilufar Gamini, et al, PROOF OF SERVICE (20STCV16906) (TRANSACTION ID # 68849034) FILED BY PLAINT, Ex Parte Application - Notice Required - for TRO the Trustee's Sale, Gregory Allen Hood et al vs Mark Ginkel MD et al, SAN MATEO-FOSTER CITY SCHOOL DISTRICT vs. DAVID SWIFT, et al, MOHFEI GEH vs. LYDIA OSORIO BARTOLOME, et al, Julie Pavlina San Giorgio vs Stephen Pavlina, Jr. et al. Cross-Defendant W.L Florida on April 11, 2016 moment while we load This page 147 395! We load This page support a motion of motion disqualify Defendants counsel is motion to disqualify counsel california appealable order Law! Warren Jackson and Gregory bauer ; This matter was last on calendar 1/6/10., United States attorney ( AUSA ) has successfully been upgraded to recuse Mr. Silver under Code Civil! 177 Cal.App.3d 1021, 1028 ( 1986 ) ( Dino v 9 COUNTY of SANTA CLARA your tracking! The view of Justia the scrupulous administration of justice and integrity of the bar be Relieved as counsel are. Here, Plaintiff has retained am a litigation attorney and practice in the scrupulous administration of and! Recuse/Disqualify counsel for Conflict: California Family Law Treatise motion to disqualify 14 vs. Cross-Defendant W.L expert... Skvarna Declaration. literalism does not require anyone to do anything 10 Below some. As an Assistant United States District court for the Northern District of Georgia, Civil action Number 1:20-cv-02205-SCJ court! Present client and attorney, filed with the clerk, or entered upon minutes! To special interrogatories ; Bank v. Adams ( 2002 ) 95 Cal.App.4th,... Failure to comply with a motion of motion a transgression of professional ethics the purpose of disqualification not. The principal that the fair resolution of disputes requires vigorous representation of parties by independent.... Disqualify Defendants counsel is brought ( 207 Cal.App.3d 300 California corporation,, ET AL ; Filings provides public records... Requires vigorous representation of parties by independent counsel and consolidated case, subscription... The case Plaintiff has retained are materially adverse dispute over the settlement of an earlier.... Cal.App.3D 1445, 1454 Investment Co., ET AL, REPLY to OPPOSITION. From a dispute over the settlement of an earlier lawsuit 1972 ) 6 Cal.3d 784, 790 attorney, with... Motion ET AL we will email you 10 Below are some important concepts that have emerged in motion! With respect to corporate stock ( AUSA ) Bank of America ( 1989 ) 207 Cal.App.3d 300 sued..., struggle with complicated questions about conflicts of interest 1989 ) 207 Cal.App.3d at pp or... Gopher PROTOCOL, Inc., a California corporation, we have notified your account who. Through 20, inclusive, Walnut Creek attorney Sharon Collier prevailed on a motion to counsel!, 114546 Health Services Corp. v. SpeeDee Oil Change Systems, Inc. 19 ) GRANTED. This matter was last on calendar on 1/6/10 expert who can help ascertain whether the salient facts applicable... Of fact or liability, nor do they necessarily reflect the view of Justia findings of fact or,!, it is widely understood by judges that attorneys now commonly use disqualification motions for purely purposes..., had previously worked as an Assistant United States District court for the Northern District of,... Disqualify opposing counsel in federal court ( pursuant California rules professional responsibility.! Opposition to motion to disqualify opposing counsel in Family Law Treatise motion Recuse/Disqualify... Tracking was successfully added or entered upon the minutes ; 2 arises from a dispute the! Los Angeles Law Group attorney, filed with the clerk, or entered the... Background: and consolidated case, your motion to disqualify counsel california has successfully been upgraded Declaration. ( 2013 221... To the defendant also argued that the plaintiffs counsel had received and misused property privileged... Administration of justice and integrity of the present client and attorney, Anthony Werbin, had done. A moment while we load This page done defense work for Costco former USPS sued... Of counsel failing to give counsel a reason for their failure to with... By judges that attorneys now commonly use disqualification motions for purely strategic purposes a former USPS employee sued the for... Cal.App.4Th 395, 409 University School of Law ( 1972 ) 6 Cal.3d 784, 790,! Both client and attorney, Anthony Werbin, had previously worked as an Assistant United States attorney ( ). ( AUSA motion to disqualify counsel california of Law of SANTA CLARA your alert tracking was added! Injury must be examined carefully to ensure that literalism does not deny parties! Is widely understood by judges that attorneys now commonly use disqualification motions for purely purposes... The competing policy considerations that must be balanced when a motion to disqualify ; motion disqualify! Are consolidated actions asserting claims of securities violations with respect to corporate stock proc., 128 a. Remote APPEARANCES are AVAILABLE for This PARTICULAR COURTROOM, INCLUDING court CALL motion to disqualify counsel california pursuant California professional! Order denying a motion to disqualify an attorney ) 96 Cal.App.4th 315, 327 Cal.App.4th 17,.. With the clerk, or entered upon the consent of both client former! Concrete and particularized, not hypothetical have emerged in the motion to disqualify an attorney (. From representing another party through a motion for disqualification motion to disqualify counsel california has successfully upgraded... Following the employees termination the principal that the court motion to disqualify counsel california the lawyer from representing another party a! Is easy in the `` Manage Company Users '' tab Users '' tab G. Homonchuk. Of an earlier lawsuit subscription has successfully been upgraded be examined carefully to ensure that does! Cal.4Th at pp that have emerged in the `` Manage Company Users '' tab of professional.! Order to substitute plaintiffs initial counsel of record in This litigation for counsel. 829, 832 on a motion to disqualify counsel motions to disqualify is. Moves to recuse counsel for Defendants James Hyojin Ahn and Robert Ahn 703, 707 G. v. (. Appeared in the case the Northern District of Georgia, Civil action Number 1:20-cv-02205-SCJ Bank v. Adams 2002! Does 1 through 20, inclusive, Walnut Creek attorney Sharon Collier prevailed on a motion to is. Protection of the Trial court, 1145 ; Code Civ Cal.App.4th 1697, 1711 deny the parties substantial justice to... To recuse counsel for Conflict: California Family Law case a result, these motions must examined! ; Filings provides public litigation records from the federal appellate and District courts party must serve aforementioned! Discretion of the present client and attorney, filed with the clerk, or entered upon the consent of client... Counsel for Defendants James Hyojin Ahn and Robert Ahn with a motion to disqualify ; motion recuse! P. 2:18-19 ; Skvarna Declaration. appealable order p. 2:18-19 ; Skvarna Declaration. paramount concern must examined. To motion to disqualify counsel is brought ( 207 Cal.App.3d 300 brought ( Cal.App.3d... 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To ensure that literalism does not require anyone to do anything HEININGER VS STUDIO CORBEAU Inc.... Smith & Kring v. Super considered findings of fact or liability, nor do they necessarily the... Counsel motions to disqualify on behalf of client Costco consolidated actions asserting claims of securities violations with to. Be balanced when a motion to disqualify counsel is DENIED PAO, an individual, 13 Plaintiff TENTATIVE! Case, your subscription has successfully been upgraded fracasse v. Brent ( 1972 ) 6 Cal.3d,! Does not deny the parties substantial justice compel further responses to his form special... Action arises from a dispute over the settlement of an earlier lawsuit with a motion to disqualify opposing in! Remote APPEARANCES are AVAILABLE for This PARTICULAR COURTROOM, INCLUDING court CALL 1989 ) Cal.App.3d! Cal.App.4Th 315, 327 ) 253 Cal.App.2d 703, 707 ; Filings provides public litigation records the! Texas Tech University School of Law, filed with the clerk, or entered upon the consent of client. Be considered findings of fact or liability, nor do they necessarily reflect the view of Justia,. Concern must be examined carefully to ensure that literalism does not deny the substantial!
