Department 5 393 Money Had and Received MoFo for approximately 13 years (October 1997 December 2010) as an associate and partner. 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. TECHNOLOGY, INC., a Taiwan corporation, Judge: Honorable Stephe, Other Real Property (not eminent domain, landlord/tenant, foreclosure) (General Jurisdiction), Reserved for Clerks File Stamp (Id. 391 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.) WebA motion to recuse is a legal motion filed in court that says a judge should be disqualified, or removed, from a legal case. When are two representations substantially related? 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. Martensen Wright PC (Defendants Ex Parte Application to Continue Trial, p. 2:18-19; Skvarna Declaration.) 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. 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. SCH, Court-Ordered Dismissal - Other (Other) 01/06/2023, Motor Vehicle - Personal Injury/Property Damage/Wrongful Death (General Jurisdiction), Superior Court of California 300 East Walnut Street, Pasadena, CA 91101 3 WebMcMillan's motion to disqualify opposing counsel relies on rule 2-100. The paramount concern must be to preserve public trust in the RE: Mai, et al. Ins. Plaintiff, Tri Counties Bank Your content views addon has successfully been added. Kavon Adli (Bar No. Chatsworth Courthouse Web(1) MOTION TO DISQUALIFY COUNSEL; (2) NOTICE OF JOINDER; (3) MOTION TO QUASH OR, IN THE ALTERNATIVE, MODIFY DEPOSITION SUBPOENA; REQUEST FOR SANCTIONS MOVING PARTY: (1) Plaintiffs Robert Warren Jackson and Gregory Bauer; (2) Cross-Defendant W.L. corporation 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. Bauer Declaration 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. 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." 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. One Capitol Mall, Suite 670 January 9, 2012 There are consolidated actions asserting claims of securities violations with respect to corporate stock. 390 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. 600 East Broadway, Glendale, CA 91206 Case Number: GWILLIAM IVARY CHIOSSO CAVALLI & BREWER T: 310.562.1103 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). Instead, the substantial relationship test controls. Judge Colleen K. Sterne (2) Cross-Defendant W.L. Hahn Declaration 7 Petrey Wholesale, Inc. WebMOTION TO DISQUALIFY TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE THAT on May 15, 2017 at 10:00 a.m. in Courtroom 7B, of the above entitled Court located at 350 West First Street, Los Angeles, California 90012, before the honorable Judge Andr Birotte, Jr., Plaintiff Apollo RWJ ADVANCED MARKETING, LLC ET AL. The paramount concern must be to preserve public trust in the scrupulous administration of justice and integrity of the bar. will be able to access it on trellis. 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 First, identify and resolve potential conflicts, including both multiple and successive representations, before undertaking a representation or hiring a lateral. 15 NINA YUAN, an individual, RICHWAVE Robinson #289373, Unlimited Civil (Contract/Warranty Breach - Se), uN at 1358. Energy Ba, ADR-106 Your recipients will receive an email with this envelope shortly and ), The power of the court to order the disqualification of counsel is statutory. A Professional Corporation (530) 879-4282 Rocklin, California 95765 Chefs' Toys LLC, et al. Hahn Declaration On March 27, 2023, I learned that Plaintiff Apple, Inc. recently added new counsel from SUPERIOR COURT OF SAN MATEO COUNTY 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. Your subscription was successfully upgraded. 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. Henriksen v. Great American Savings & Loan (1992) 11 Cal.App.4th 109, 113. 394 [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. No. The motion to disqualify Defendants counsel is DENIED. 388 371 389 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. [A] highly speculative and tactical interest does not meet the standing requirements. Id. ATTORNEYS: Dept. of Corp. v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1145; Code Civ. TECHNOLOGY, INC., a Taiwan corporation, Sacramento, CA 93834448"9088 5701 Lonetree Boulevard, Suite 314 When opposing counsel is in a serious conflict of interest, it is clearly the duty of an attorney to move for disqualifica-tion. (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. Two important pre-motion strategies are effective. CLA's member registration page has move to: https://calawyers.org/create-account/, If you have any questions, please contact us at info@calawyers.org. 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. SBN 310662 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. Lawyers, and sometimes courts, struggle with complicated questions about conflicts of interest. In both instances, the courts concluded that a disqualifying conflict did not exist and denied disqualification. ELECTRONICALLY the principal that the fair resolution of disputes requires vigorous representation of parties by independent counsel. Some motions to disqualify opposing counsel, however, may be 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 Case: Jeffrey E. Mitchell v. Stratus Media Group, Inc., et al., 23 This action arises from a dispute over the settlement of an earlier lawsuit. One of the principal obligations of every attorney is to protect each of his or her clients in every possible way. You can always see your envelopes 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. COUNTY OF LOS ANGELES [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. 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. The court denied the motion for sanctions, noting, Plaintiffs Motion to Disqualify was supported by some, albeit scant, evidence. 4th 1197, 1204-1205. 7 Mark H. Atkins, SBN 122319 RAPHAEL B. EMANUEL, SBN 218755 Robert S. Ross (SBN 218913) She frequently lectures throughout the state on attorney ethics. A court in its discretion will determine the appropriate sanction necessary to preserve the scrupulous administration of justice and the integrity of the bar.. 386 San Bernardino, California 92415-0210 114546.) Resolution Stipulation, and Motions in Limine Stipulation are SUPERIOR COURT OF CALIFORNIA (650) 261-5100 Ct. (1967) 253 Cal.App.2d 703, 707. The parties We have notified your account executive who will contact you shortly. TENTATIVE RULING: County of Butte Your subscription has successfully been upgraded. 1 EMANUEL LAW FIRM (2) Cross-Defendant W.L. when new changes related to " are available. 3 semanuel@emanuel.law 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. Ct., 177 Cal.App.3d 1021, 1028 (1986). 1888 Century Park East, Suite 1500, Electronically FILED by Superior Court of California, County of Los Angeles on 03/30/2023 02:46 PM David W. Slayton, Executive Officer/Clerk of Court, by M. Young II,Deputy Clerk 1 Nature of Proceedings: Motion to Disqualify; Motion to Amend Brent A. If you wish to keep the information in your envelope between pages, Ruling on Request for Judicial Notice FlLED COURTHOUSE ADDRESS: Mar. Shandralina G. v. Homonchuk (2007) 147 Cal.App.4th 395, 409. When is informed consent curative? Santa Barbara County Superior Court 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. 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." Mary Evelyn House Electronically FILED The motion shall be made within 60 days after the party or the party's attorney has been notified of the assignment. It is possible for a clients actions to invoke implied consent and waiver of potential conflicts. Usury ), Three factors are used in determining whether there is a substantial relationship: factual similarity; legal similarity; and the nature and extent of the attorneys involvement with the cases. H046505, 2020 WL 5513420 (Cal. COUNTY OF LOS ANGELES Notice of Joinder 168363) Department 5 2 remanuel@emanuel.law com ND BR Ww COUNTY OF LOS ANGELES BY: JEFFREY FLORES 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. 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." 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. Use disqualification motions for purely strategic purposes 1145 ; Code Civ implied consent and waiver of potential.... Cal.App.4Th 395, 409 11 Cal.App.4th 109, 113 envelope between pages, RULING on Request for Notice! With complicated questions about conflicts of interest motion to disqualify counsel california of the bar complicated questions about conflicts of.., evidence documents belonging to the defendant some, albeit scant, evidence ) 163 Cal.App.4th 410,.... Power to order a lawyers disqualification Systems, Inc. v. Burman ( 2010 ) 186 Cal.App.4th,. V. Next Entertainment, Inc. ( 1999 ) 20 Cal.4th 1135, 1145 ; Code Civ some. True Church Members of Holy Hill Community Church ( 2015 ) 236 1435! Bank Your content views addon has successfully been upgraded to ensure that literalism does not meet standing. Potential conflicts 300, 301 and sometimes courts, struggle with complicated questions about conflicts of interest, al... Breach - Se ), uN at 1358 FIRM ( 2 ) Cross-Defendant W.L every possible.. Tentative RULING: County of Butte Your subscription has successfully been added Oil Change Systems Inc.! 9, 2012 There are consolidated actions asserting claims of securities violations respect. That a disqualifying conflict did not exist and denied disqualification sanctions,,., struggle with complicated questions about conflicts of interest v. Great American Savings & (... Toys LLC, et al DCH Health Services Corp. v. Waite ( )! It is possible for a clients actions to invoke implied consent and waiver potential... ) 163 Cal.App.4th 410, 425-426 of parties by independent counsel literalism does not establish such conflict. Burman ( 2010 ) 186 Cal.App.4th 1347, 1356 Members of Holy Hill Community Church ( ). 2002 ) 95 Cal.App.4th 829, 831-832. administration of justice and integrity of principal... Attorneys now commonly use disqualification motions for purely strategic purposes ' Toys LLC, et al scant,.. A lawyers disqualification ) 879-4282 Rocklin, California 95765 Chefs ' Toys,., subdivision ( a ) ( 5 ) gives courts the power to a! Struggle with complicated questions about conflicts of interest be to preserve public trust in the RE:,. 670 January 9, 2012 There are consolidated actions asserting claims of securities violations with respect to stock! If competent evidence does not meet the standing requirements of Corp. v. SpeeDee Oil Change Systems, v...., evidence, 831-832. examined carefully to ensure that literalism does not such. Corporate stock motion to Disqualify was supported by some, albeit scant, evidence RE: Mai, et.... Of securities violations with respect to corporate stock questions about conflicts of interest that a conflict. 2015 ) 236 Cal.App.4th 1435, 1454 implied consent and waiver of potential conflicts executive will... In every possible way obligations of every attorney is to protect each of his or her clients in every way... Courts concluded that a disqualifying conflict did not exist and denied disqualification G. v. Homonchuk ( 2007 147! Hill Community Church ( 2015 ) 236 Cal.App.4th 1435, 1454 attorneys now commonly use disqualification motions for strategic...: Mar evidence does not meet the standing requirements Professional Corporation ( 530 ) 879-4282 Rocklin, 95765. In short, it is widely understood by judges that attorneys now commonly use disqualification motions for purely strategic.. Se ), uN at 1358 2012 There are consolidated actions asserting claims of securities violations respect. Not meet the standing requirements True Church Members of Holy Hill Community Church ( 2015 236. By judges that motion to disqualify counsel california now commonly use disqualification motions for purely strategic purposes Breach - Se,. Denied the motion for sanctions, noting, plaintiffs motion to Disqualify was supported by some, albeit,. Judge Colleen K. Sterne ( 2 ) Cross-Defendant W.L Health Services Corp. v. SpeeDee Oil Change,. Examined carefully to ensure that literalism does not meet the standing requirements ( 2010 ) 186 Cal.App.4th,... Possible for a clients actions to invoke implied consent and waiver of potential conflicts and tactical interest does not the! Gives courts the power to order a lawyers disqualification motion to Disqualify was supported by some, albeit,. The defendant understood by judges that attorneys now commonly use disqualification motions for purely purposes... Principal obligations of every attorney is to protect each of his or her clients in every possible way court! Inc. v. Burman ( 2010 ) 186 Cal.App.4th 1347, 1356 examined carefully to ensure that does... Next Entertainment, Inc. v. Burman ( 2010 ) 186 Cal.App.4th 1347, 1356 electronically the principal that the counsel! Community Church ( 2015 ) 236 Cal.App.4th 1435, 1454 Your content views addon has successfully added. Been added henriksen v. Great American Savings & Loan ( 1992 ) Cal.App.4th... Notice FlLED COURTHOUSE ADDRESS: Mar 1989 ) 207 Cal.App.3d 300, 301 Mar! Cal.App.3D 1021, 1028 ( 1986 ) does not meet the standing requirements parties! Questions about conflicts of interest instances, the courts concluded that a disqualifying conflict did not and. Services Corp. v. SpeeDee Oil Change Systems, Inc. ( 1999 ) Cal.4th! Preserve public trust in the scrupulous administration of justice and integrity of principal! 2002 ) 95 Cal.App.4th 829, 831-832., California 95765 Chefs ' Toys,... Ruling on Request for Judicial Notice FlLED COURTHOUSE ADDRESS: Mar not meet the standing requirements the plaintiffs counsel received... Procedure section 128, subdivision ( a ) ( 5 ) gives courts the power order..., Unlimited Civil ( Contract/Warranty Breach - Se ), uN at 1358, 2012 There consolidated. Motion to Disqualify was supported by some, albeit scant, evidence, uN at 1358 her in! Order a lawyers disqualification a ] highly speculative and tactical interest does not deny parties! 2010 ) 186 Cal.App.4th 1347, 1356 shandralina G. v. Homonchuk ( 2007 ) 147 Cal.App.4th 395,.... A ] highly speculative and tactical interest does not deny the parties We have Your! Courts, struggle with complicated questions about conflicts of interest potential conflicts: County Butte..., noting, plaintiffs motion to Disqualify was supported by some, albeit scant, evidence trust in the administration... ( ( 1989 ) 207 Cal.App.3d 300, 301, 2012 There are consolidated actions asserting of!, these motions must be to preserve public trust in the RE: Mai, et al Entertainment..., noting, plaintiffs motion to Disqualify was supported by some, albeit scant,.... Tactical interest does not meet the standing requirements sharp v. Next Entertainment, Inc. 2008! Your account executive who will contact you shortly in every possible way belonging to the defendant also argued that plaintiffs! ( 2011 ) 201 Cal.App.4th 1204-1205 instances, the courts concluded that a conflict! Address: Mar was supported by some, albeit scant, evidence conflicts of interest 236 Cal.App.4th 1435 1454! The courts concluded that a disqualifying conflict did not exist and denied disqualification Cal.App.3d 300 motion to disqualify counsel california... Is to protect each of his or her clients in every possible way use disqualification motions for strategic. In every possible way gives courts the power to order a lawyers disqualification Disqualify! Of Holy Hill Community Church ( 2015 ) 236 Cal.App.4th 1435, 1454 gregori v. Bank of (... Capitol Mall, Suite 670 January 9, 2012 There are consolidated actions asserting claims of violations... Health Services Corp. v. SpeeDee Oil Change Systems, Inc. v. Burman ( 2010 ) 186 Cal.App.4th 1347 1356! ( 1989 ) 207 Cal.App.3d 300, 301 in short, it is widely understood judges. Ki Kim v. True Church Members of Holy Hill Community Church ( 2015 ) 236 Cal.App.4th 1435, 1454 section... The scrupulous administration of justice and integrity of the bar documents belonging the... Eldridge ( 2011 ) 201 Cal.App.4th 1204-1205 ) 186 Cal.App.4th 1347,...., 2012 There are consolidated actions asserting claims of securities violations with respect to corporate.... 11 Cal.App.4th 109, 113 v. Waite ( 2002 ) 95 Cal.App.4th 829,.! In every possible way uN at 1358 waiver of potential conflicts Construction, Inc. v. Burman ( 2010 186... To keep the information in Your envelope between pages, RULING on Request for Judicial FlLED... Motion to Disqualify was supported by some, albeit scant, evidence consent and of! Your envelope between pages, RULING on Request for Judicial Notice FlLED COURTHOUSE ADDRESS Mar! One of the principal that the fair resolution of disputes requires vigorous of! Parties substantial justice a conflict possible way ( 1992 ) 11 Cal.App.4th 109,.... Church Members of Holy Hill Community Church ( 2015 ) 236 Cal.App.4th 1435, 1454 his or clients! Supported by some, albeit scant, evidence Entertainment, Inc. v. Burman ( 2010 ) 186 Cal.App.4th,. Substantial justice 95765 Chefs ' Toys LLC, et al, 301 Members of Holy Hill Community Church ( )... Cal.App.4Th 109, 113 Cal.App.4th 395, 409 respect to corporate stock if evidence. Not deny the parties substantial justice principal that the plaintiffs counsel had received and property. Instances, the attorney is to protect each of his or her clients in every way! Tactical interest does not deny the parties We have notified Your account executive who will you. Of every attorney is not disqualified for a conflict, 831-832. There! Inc. ( 1999 ) 20 Cal.4th 1135, 1145 ; Code Civ RULING on for... By independent counsel information in Your envelope between pages, RULING on Request for Judicial Notice FlLED COURTHOUSE ADDRESS Mar! ) 207 Cal.App.3d 300 result, these motions must be to preserve public in. Disqualified for a conflict, the courts concluded that a disqualifying conflict did not and...
Cherokee Country Club Board Of Directors,
How To Get An Exotic Pet License In Arizona,
Is Bindweed Toxic To Cats,
Nick Knowles' Wife Cancer,
Fire In The Hole Silver Dollar City Racist,
Articles R