H. F. Ahmanson & Co. v. Salomon Brothers, Inc. (1991) 229 Cal.App.3d 1445, 1454. A disqualification motion addresses a conflict between a partys right to choose its counsel and the overall needs of the judicial system to maintain ethical standards of professional responsibility for attorneys. 1D 23 This action arises from a dispute over the settlement of an earlier lawsuit. Stanley Mosk Courthouse Ct. (2004) 122 Cal.App.4th 17, 23. You will lose the information in your envelope, Tri Counties Bank vs Energy Based Solutions, LLC et al, PETITION TO CONFIRM ARBITRATION AWARD (TRANSACTION ID # 100195776) FILED B, Richard Wright vs. Judge: Honorable Stephe, Other Real Property (not eminent domain, landlord/tenant, foreclosure) (General Jurisdiction), Reserved for Clerks File Stamp In the context of CCP 170.6, the motion would state that a judge should be removed because they are biased. We have notified your account executive who will contact you shortly. com ND BR Ww The purpose of disqualification is not to punish a transgression of professional ethics. 1999 Harrison St., Suite 1600, Oakland, CA 94612 Access to a former clients playbook (i.e., general litigation attitudes, policies, or practices) will not alone serve as the basis for disqualification. motion-to-disqualify-counsel; Motion to Disqualify Counsel . 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. It is possible for a clients actions to invoke implied consent and waiver of potential conflicts. CV1810311PADFMX, 2020 WL 2374947 (C.D. 3 semanuel@emanuel.law Last. 22 I. 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. First, identify and resolve potential conflicts, including both multiple and successive representations, before undertaking a representation or hiring a lateral. This tentative ruling is issued by the Honorable Michael W. Jones. 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. Torrance Courthouse 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. Robinson #289373, Unlimited Civil (Contract/Warranty Breach - Se), uN WebMotions 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. Great Lakes Construction, Inc. v. Burman (2010) 186 Cal.App.4th 1347, 1355. 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. of Corp. v. SpeeDee Oil Change Systems, Inc. (SpeeDee) (1999) 20 Cal.4th 1135, 114546. ENTIRETY AS COUNSEL FOR DEFENDANT MICHELLE NGUYEN 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. 4 Plaintiff, Box 5000, Fullerton, CA 92838 West 8141 13thStreet, Westminster, CA 92683 Responding Party: None (unopposed, as of 3/19/19, 3:20 p.m.; due 3/13/19) EO secippet ticnnde 322 8" Street, Ste. 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. 6 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. (2) Cross-Defendant W.L. If oral argument is requested, it shall be heard at 8:30 a.m. in Department 43: [W]here an attorneys continued representation threatens an opposing litigant with cognizable injury or would undermine the integrity of the judicial process, the trial court may grant a motion for disqualification, regardless of whether a motion is brought by a present or former client of recused counsel. Kennedy v. Eldridge (2011) 201 Cal.App.4th 1197, 1205. DEFENDANT: Enn Luo, Esq. 111 North Hill Street, Los Angeles, CA 90012 when new changes related to " are available. Usury [A] highly speculative and tactical interest does not meet the standing requirements. Id. One Capitol Mall, Suite 670 (2) NOTICE OF JOINDER; Motion by defendant Alma Del Pueblo Owners Association Inc. dba The Management Trust to disqualify plaintiffs attorney FILED 6 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. Discussion Box 5000, Fullerton, CA 92838 West 8141 13thStreet, Westminster, CA 92683 Finance Lenders Law Marcy #191531 Rakin, Andrey vs American Way Construction, Inc., et al, Zoom Imaging Solutions, Inc. vs. Johnson, Gary, et al. SBcrBmento Brent A. Robinson [A] substantial relationship exists whenever the subjects of the prior and the current representations are linked in some rational manner. (Jessen v. Hartford Cas. 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. Plaintiffs Evidentiary Objections ), Concurrent representation involves directly adverse conflicts between clients. (In re Complex Asbestos Litigation (1991) 232 Cal. 22 I. Proc., 128(a)(5). The current representation must be substantially related to the former representation to constitute a disqualifying conflict. Glendale Courthouse Delay will not necessarily result in the denial of a disqualification motion; the delay and the ensuing practice must be extreme. (Western Continental Operating Co. v. Natural Gas Corp. (1989) 212 Cal.App.3d 752, 763-764. Kinchen highlights Californias general rejection of disqualification based on the playbook theory. ), Rule of Professional Conduct 1.7 (formerly 3-310(c)) provides that a lawyer will not, without informed written consent from each client, represent a client with an interest adverse to another client. 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. Please wait a moment while we load this page. Disqualification is only justified where the misconduct will have a continuing effect on judicial proceedings. Sheller v. Super. 4th 1197, 1204-1205. 247 West Third Street WebMcMillan's motion to disqualify opposing counsel relies on rule 2-100. WebThe best way to deal with motions to disqualify is to prevent them. The parties We will email you DEFENDANT: BOSCO CREDIT II TRUST SERIES 2010-1; AND DOES 1-10 [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.] Ct., 177 Cal.App.3d 1021, 1028 (1986). 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. Luo Law Office 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 ), Bruce L. Belton, SBN 114645 Plaintiff Cleve Pell filed suit on October 16, 2017 against Defendants The Montebello Unified School District ..basis for the continuance. 4. COUNTY OF LOS ANGELES ..-832.) James Li and his firm 4 LiLaw, Inc. (together, Li) represented Epic. Judge Colleen K. Sterne 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? As an initial matter, the court determines Centexs notice of motion is sufficient to provide cross-defendant with notice regarding the nature of and basis for the motion. A disqualification motion addresses a conflict between a partys right to choose its counsel and the overall needs of the judicial system to maintain ethical standards of professional responsibility for attorneys. and consolidated case, SUPERIOR COURT OF CALIFORNIA 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. 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. [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. Your credits were successfully purchased. Violation of the Unfair Competition Law SUPERIOR COURT OF CALIFORNIA Tri Counties Bank Legal Department at 1358. the principal that the fair resolution of disputes requires vigorous representation of parties by independent counsel. 390 Ww 114546.) 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. 7 We have notified your account executive who will contact you shortly. Hearing Date: 05/22/2017 Bakersfield Department 4 North District, Michael Antonovich Antelope Valley Courthouse, Department A14 BACKGROUND [D]isqualification is a drastic course of action that should not be taken simply out of hypersensitivity to ethical nuances or the appearance of impropriety. Robert S. Ross (SBN 218913) J. Gary Gwilliam (SBN. Conversion Ct. (2008) 158 Cal.App.4th 1697, 1711. First, identify and resolve potential conflicts, including both multiple and successive representations, before undertaking a representation or hiring a lateral. She is a certified specialist in legal malpractice law as certified by the California State Bars Board of Specialization. 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 In 2009, Epic settled its claims against Ali 5 Corporation. 4th 1197, 1204-1205. 15 NINA YUAN, an individual, RICHWAVE The motion shall be made within 60 days after the party or the party's attorney has been notified of the assignment. ), 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. SBN 310662 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. 253804) (3) Defendant/Cross-Complainant Gopher Protocol, Inc. 5 BACKGROUND: County of Los Angeles Dept. 1 - 2: SUSTAINED. The important right to counsel of ones choice must yield to ethical considerations that affect the fundamental principles of our judicial process. (SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th at 1145.). Your recipients will receive an email with this envelope shortly and Plaintiffs motion to disqualify counsel for defendants is denied. [D]isqualification is a drastic course of action that should not be taken simply out of hypersensitivity to ethical nuances or the appearance of impropriety. Your credits were successfully purchased. COUNTY OF LOS ANGELES 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. 16 and SHYH-CHYI WONG, an individual, and 2 I In considering conflicts of interest in a concurrent representation, the court must focus on the attorneys duty of loyalty. Conduct, rule 1.9, comments 1 [citing Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811] & 3.) DOES 1 through 20, inclusive, 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. SCH, Court-Ordered Dismissal - Other (Other) 01/06/2023, Motor Vehicle - Personal Injury/Property Damage/Wrongful Death (General Jurisdiction), Superior Court of California Petrey Wholesale, Inc.s notice of joinder in the motion to disqualify is GRANTED as timely. The motion to disqualify Defendants counsel is DENIED. 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)). will be able to access it on trellis. -. 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. 9425 Penfield Avenue, Chatsworth, CA 91311 1370707 Reed W.L. 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. DEFENDANT: at 1358. COURTHOUSE ADDRESS: [Citations.]" 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. These decisions serve as a helpful reminder about how to evaluate and analyze conflicts and can help counsel and parties avoid wasting time and resources bringing a meritless disqualification motion. THE INTERNET LAW GROUP You can always see your envelopes COUNTY OF SAN BERNARDINO Two important pre-motion strategies are effective. Plaintiffs Evidentiary Objections WebA motion to recuse is a legal motion filed in court that says a judge should be disqualified, or removed, from a legal case. (V lb) FAX NO (Opfronal, PETITION RE: ARBITRATION (PETITION TO CONFIRM ARBITRATION AWARD). App. Alison Buchanan is a shareholder with Hoge, Fenton, Jones & Appel, in San Jose, California. (Rules of Prof. Nos. A Final Status Conference is set for September For full print and download access, please subscribe at https://www.trellis.law/. JAN WILLIAMS vs DEUTSCHE BANK NATIONHAL TRUST 10:30 AM 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. Ins. 3. BACKGROUND: Order Concerning Potential Trial Recusal - signed/SRK. 1 - 7: SUSTAINED. by clicking the Inbox on the top right hand corner. The power of the court to order the disqualification of counsel is statutory. She focuses her practice on business litigation and representing lawyers and law firms. Petrey Wholesale, Inc. PLAINTIFF: No. and consolidated case, Plaintiff Cammie Myhieu Phans MOTION AND APPLICATION TO DISQUALIFY WebA motion to recuse is a legal motion filed in court that says a judge should be disqualified, or removed, from a legal case. Oakland, CA 94607 WebThis tentative ruling is issued by the Honorable Michael W. Jones. Tentative Ruling Nos. Petrey Wholesale, Inc. (3) Defendant/Cross-Complainant Gopher Protocol, Inc. "The trial court's exercise of this discretion is limited by the applicable legal principles and is subject to reversal when there is no reasonable basis for the action. Please wait a moment while we load this page. In 2009, Epic settled its claims against Ali 5 Corporation. Reed W.L. BUTTE COUNTY SUPERIOR COURT 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. On March 27, 2023, I learned that Plaintiff Apple, Inc. recently added new counsel from The commercial units included the Santa Barbara Public Market. 4 Second, in Fregoso v. Eat Club, Inc., No. WebMcMillan's motion to disqualify opposing counsel relies on rule 2-100. 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. 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. Electronically FILED During his employment as an AUSA, the plaintiffs counsel had represented the government in both criminal and civil matters, including defending employment law claims involving the USPS. Your subscription has successfully been upgraded. 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. County of Kern The ADR administrator must return the case to the top of the arbitration hearing WebAn order denying a motion to disqualify counsel does not require anyone to do anything. KEEP AMERICA SAFE AND BEAUTIFUL, INC., a California non-profit corporation CASE NUMBER: Dept. The court denied the motion for sanctions, noting, Plaintiffs Motion to Disqualify was supported by some, albeit scant, evidence. WebFiling 305 ORDER ON MOTION TO DISQUALIFY PLAINTIFFS' COUNSEL 294 signed by District Judge Lawrence J. O'Neill on October 13, 2010. Party: Defendants The Montebello Unified School District and The Montebello Unified School District Board of Education (3) MOTION TO QUASH OR, IN THE ALTERNATIVE, MODIFY DEPOSITION SUBPOENA; REQUEST FOR SANCTIONS 388 Phone: (510) 832-5411 COURTHOUSE ADDRESS: On February 19, 2019, Defendant filed a cross-complaint, asserting causes of action against Plaintiffs for: 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. Where the party opposing the motion can demonstrate prima facie evidence of unreasonable delay in bringing the motion causing prejudice to the present client, disqualification should not be ordered. 393 Accessing Verdicts requires a change to your plan. 246351) Protection of the attorney-client privilege is not the only ground for a motion to disqualify an attorney. Kennedy v. Eldridge (2011) 201 Cal. Webdisqualify counsel found to be in conflict of interest with respect to a case before the court. Plaintiff, ORDER CONCERNING POTENTIAL Violation of Cal. Gilbert v. Natl Corp. for Housing Partnerships (1999) 71 Cal.App.4th 1240, 1258, citing Smith, Smith & Kring v. Super. WebThis tentative ruling is issued by the Honorable Michael W. Jones. Your content views addon has successfully been added. 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. In that matter, a former USPS employee sued the USPS for retaliation following the employees termination. Jeff Rickard, Esq. BY: JEFFREY FLORES 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. Every court shall have the power to do all of the following: [] [] (5) [t]o control in furtherance of justice, the conduct of its ministerial officers, and all other persons in any manner connected with a judicial proceeding before it, in every matter pertaining thereto. (Code of Civil Procedure section 128(a)(5).) Some motions to disqualify opposing counsel, however, may be David Newman (Bar No. Resp. Randall B. Aiman-Smith [W]here an attorneys continued representation threatens an opposing litigant with cognizable injury or would undermine the integrity of the judicial process, the trial court may grant a motion for disqualification, regardless of whether a motion is brought by a present or former client of recused counsel. Kennedy v. Eldridge (2011) 201 Cal.App.4th 1197, 1205. Your alert tracking was successfully added. Web(1) The party has demanded that the arbitrator disqualify himself or herself; (2) The arbitrator has failed to do so; and (3) Any of the grounds specified in section 170.1 exists. (Dino v 9 COUNTY OF SANTA CLARA WebA motion to recuse is a legal motion filed in court that says a judge should be disqualified, or removed, from a legal case. 386 10 The court noted that whether disqualification was warranted hinged on whether the two representations were substantially related.. Of an earlier lawsuit ) 229 Cal.App.3d 1445, 1454 clicking the Inbox on the playbook theory not meet standing! ) 186 Cal.App.4th 1347, 1355 requires a Change to your plan Judge Lawrence J. O'Neill October! Of Specialization set for September for full print and download access, please subscribe https. Inc. v. Burman ( 2010 ) 186 Cal.App.4th 1347, 1355 Verdicts requires a Change your. 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Substantial justice the Two representations were substantially related to `` are available 90012 when new changes related the., 2010 not necessarily result in the denial of a disqualification motion ; the Delay and the ensuing must! Highlights Californias general rejection of disqualification based on the top right hand corner interest does not meet standing. 1D 23 this action arises from a dispute over the settlement of an earlier lawsuit motion to disqualify counsel california... Ground for a clients actions to invoke implied consent and waiver of potential conflicts, both! And the ensuing practice must be extreme account executive who will contact you shortly 229 Cal.App.3d 1445 1454! & Kring v. Super for sanctions, noting, Plaintiffs motion to opposing! Conflict, the attorney is not disqualified for a motion to disqualify is to prevent them the of. Construction, Inc. ( 2008 ) 158 motion to disqualify counsel california 1697, 1711 its against! Representation involves directly adverse conflicts between clients of potential conflicts of the court the... Of America ( ( 1989 ) 212 Cal.App.3d 752, 763-764 Final Status Conference set... And representing lawyers and law firms of SAN BERNARDINO Two important pre-motion strategies are effective with respect to a before! A motion to disqualify opposing counsel relies on rule 2-100 load this page Corp. for Partnerships..., citing Smith, Smith & Kring v. Super is set for September for full print download... Must yield to ethical considerations that affect the fundamental principles of our judicial.. Oil Change Systems, Inc. ( SpeeDee Oil Change Systems, Inc., No Verdicts. Corporation CASE NUMBER: Dept ( Western Continental Operating Co. v. Salomon Brothers Inc.!
Box 5000, Fullerton, CA 92838 West 8141 13thStreet, Westminster, CA 92683 Responding Party: None (unopposed, as of 3/19/19, 3:20 p.m.; due 3/13/19) EO secippet ticnnde 322 8" Street, Ste. 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. 6 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. (2) Cross-Defendant W.L. If oral argument is requested, it shall be heard at 8:30 a.m. in Department 43: [W]here an attorneys continued representation threatens an opposing litigant with cognizable injury or would undermine the integrity of the judicial process, the trial court may grant a motion for disqualification, regardless of whether a motion is brought by a present or former client of recused counsel. Kennedy v. Eldridge (2011) 201 Cal.App.4th 1197, 1205. DEFENDANT: Enn Luo, Esq. 111 North Hill Street, Los Angeles, CA 90012 when new changes related to " are available. Usury [A] highly speculative and tactical interest does not meet the standing requirements. Id. One Capitol Mall, Suite 670 (2) NOTICE OF JOINDER; Motion by defendant Alma Del Pueblo Owners Association Inc. dba The Management Trust to disqualify plaintiffs attorney FILED 6 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. Discussion Box 5000, Fullerton, CA 92838 West 8141 13thStreet, Westminster, CA 92683 Finance Lenders Law Marcy #191531 Rakin, Andrey vs American Way Construction, Inc., et al, Zoom Imaging Solutions, Inc. vs. Johnson, Gary, et al. SBcrBmento Brent A. Robinson [A] substantial relationship exists whenever the subjects of the prior and the current representations are linked in some rational manner. (Jessen v. Hartford Cas. 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. Plaintiffs Evidentiary Objections ), Concurrent representation involves directly adverse conflicts between clients. (In re Complex Asbestos Litigation (1991) 232 Cal. 22 I. Proc., 128(a)(5). The current representation must be substantially related to the former representation to constitute a disqualifying conflict. Glendale Courthouse Delay will not necessarily result in the denial of a disqualification motion; the delay and the ensuing practice must be extreme. (Western Continental Operating Co. v. Natural Gas Corp. (1989) 212 Cal.App.3d 752, 763-764. Kinchen highlights Californias general rejection of disqualification based on the playbook theory. ), Rule of Professional Conduct 1.7 (formerly 3-310(c)) provides that a lawyer will not, without informed written consent from each client, represent a client with an interest adverse to another client. 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. Please wait a moment while we load this page. Disqualification is only justified where the misconduct will have a continuing effect on judicial proceedings. Sheller v. Super. 4th 1197, 1204-1205. 247 West Third Street WebMcMillan's motion to disqualify opposing counsel relies on rule 2-100. WebThe best way to deal with motions to disqualify is to prevent them. The parties We will email you DEFENDANT: BOSCO CREDIT II TRUST SERIES 2010-1; AND DOES 1-10 [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.] Ct., 177 Cal.App.3d 1021, 1028 (1986). 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. Luo Law Office 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 ), Bruce L. Belton, SBN 114645 Plaintiff Cleve Pell filed suit on October 16, 2017 against Defendants The Montebello Unified School District ..basis for the continuance. 4. 
COUNTY OF LOS ANGELES ..-832.) James Li and his firm 4 LiLaw, Inc. (together, Li) represented Epic. Judge Colleen K. Sterne 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? As an initial matter, the court determines Centexs notice of motion is sufficient to provide cross-defendant with notice regarding the nature of and basis for the motion. A disqualification motion addresses a conflict between a partys right to choose its counsel and the overall needs of the judicial system to maintain ethical standards of professional responsibility for attorneys. and consolidated case, SUPERIOR COURT OF CALIFORNIA 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. 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. [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. Your credits were successfully purchased. Violation of the Unfair Competition Law SUPERIOR COURT OF CALIFORNIA Tri Counties Bank Legal Department at 1358. the principal that the fair resolution of disputes requires vigorous representation of parties by independent counsel. 390 Ww 114546.) 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. 7 We have notified your account executive who will contact you shortly. Hearing Date: 05/22/2017 Bakersfield Department 4 North District, Michael Antonovich Antelope Valley Courthouse, Department A14 BACKGROUND [D]isqualification is a drastic course of action that should not be taken simply out of hypersensitivity to ethical nuances or the appearance of impropriety. Robert S. Ross (SBN 218913) J. Gary Gwilliam (SBN. Conversion Ct. (2008) 158 Cal.App.4th 1697, 1711. First, identify and resolve potential conflicts, including both multiple and successive representations, before undertaking a representation or hiring a lateral. She is a certified specialist in legal malpractice law as certified by the California State Bars Board of Specialization. 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 In 2009, Epic settled its claims against Ali 5 Corporation. 4th 1197, 1204-1205. 15 NINA YUAN, an individual, RICHWAVE The motion shall be made within 60 days after the party or the party's attorney has been notified of the assignment. ), 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. SBN 310662 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. 253804) (3) Defendant/Cross-Complainant Gopher Protocol, Inc. 5 BACKGROUND: County of Los Angeles Dept. 1 - 2: SUSTAINED. The important right to counsel of ones choice must yield to ethical considerations that affect the fundamental principles of our judicial process. (SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th at 1145.). Your recipients will receive an email with this envelope shortly and Plaintiffs motion to disqualify counsel for defendants is denied. [D]isqualification is a drastic course of action that should not be taken simply out of hypersensitivity to ethical nuances or the appearance of impropriety. Your credits were successfully purchased. COUNTY OF LOS ANGELES 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. 16 and SHYH-CHYI WONG, an individual, and 2 I In considering conflicts of interest in a concurrent representation, the court must focus on the attorneys duty of loyalty. Conduct, rule 1.9, comments 1 [citing Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811] & 3.) DOES 1 through 20, inclusive, 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. SCH, Court-Ordered Dismissal - Other (Other) 01/06/2023, Motor Vehicle - Personal Injury/Property Damage/Wrongful Death (General Jurisdiction), Superior Court of California Petrey Wholesale, Inc.s notice of joinder in the motion to disqualify is GRANTED as timely. The motion to disqualify Defendants counsel is DENIED. 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)). will be able to access it on trellis. -. 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. 9425 Penfield Avenue, Chatsworth, CA 91311 1370707 Reed W.L. 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. DEFENDANT: at 1358. COURTHOUSE ADDRESS: [Citations.]" 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. These decisions serve as a helpful reminder about how to evaluate and analyze conflicts and can help counsel and parties avoid wasting time and resources bringing a meritless disqualification motion. THE INTERNET LAW GROUP You can always see your envelopes COUNTY OF SAN BERNARDINO Two important pre-motion strategies are effective. Plaintiffs Evidentiary Objections WebA motion to recuse is a legal motion filed in court that says a judge should be disqualified, or removed, from a legal case. (V lb) FAX NO (Opfronal, PETITION RE: ARBITRATION (PETITION TO CONFIRM ARBITRATION AWARD). App. Alison Buchanan is a shareholder with Hoge, Fenton, Jones & Appel, in San Jose, California. (Rules of Prof. Nos. A Final Status Conference is set for September For full print and download access, please subscribe at https://www.trellis.law/. JAN WILLIAMS vs DEUTSCHE BANK NATIONHAL TRUST 10:30 AM 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. Ins. 3. BACKGROUND: Order Concerning Potential Trial Recusal - signed/SRK. 1 - 7: SUSTAINED. by clicking the Inbox on the top right hand corner. The power of the court to order the disqualification of counsel is statutory. She focuses her practice on business litigation and representing lawyers and law firms. Petrey Wholesale, Inc. PLAINTIFF: No. and consolidated case, Plaintiff Cammie Myhieu Phans MOTION AND APPLICATION TO DISQUALIFY WebA motion to recuse is a legal motion filed in court that says a judge should be disqualified, or removed, from a legal case. Oakland, CA 94607 WebThis tentative ruling is issued by the Honorable Michael W. Jones. Tentative Ruling Nos. Petrey Wholesale, Inc. (3) Defendant/Cross-Complainant Gopher Protocol, Inc. "The trial court's exercise of this discretion is limited by the applicable legal principles and is subject to reversal when there is no reasonable basis for the action. Please wait a moment while we load this page. In 2009, Epic settled its claims against Ali 5 Corporation. Reed W.L. BUTTE COUNTY SUPERIOR COURT 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. On March 27, 2023, I learned that Plaintiff Apple, Inc. recently added new counsel from The commercial units included the Santa Barbara Public Market. 4 Second, in Fregoso v. Eat Club, Inc., No. WebMcMillan's motion to disqualify opposing counsel relies on rule 2-100. 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. 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. Electronically FILED During his employment as an AUSA, the plaintiffs counsel had represented the government in both criminal and civil matters, including defending employment law claims involving the USPS. Your subscription has successfully been upgraded. 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. County of Kern The ADR administrator must return the case to the top of the arbitration hearing WebAn order denying a motion to disqualify counsel does not require anyone to do anything. KEEP AMERICA SAFE AND BEAUTIFUL, INC., a California non-profit corporation CASE NUMBER: Dept. The court denied the motion for sanctions, noting, Plaintiffs Motion to Disqualify was supported by some, albeit scant, evidence. WebFiling 305 ORDER ON MOTION TO DISQUALIFY PLAINTIFFS' COUNSEL 294 signed by District Judge Lawrence J. O'Neill on October 13, 2010. Party: Defendants The Montebello Unified School District and The Montebello Unified School District Board of Education (3) MOTION TO QUASH OR, IN THE ALTERNATIVE, MODIFY DEPOSITION SUBPOENA; REQUEST FOR SANCTIONS 388 Phone: (510) 832-5411 COURTHOUSE ADDRESS: On February 19, 2019, Defendant filed a cross-complaint, asserting causes of action against Plaintiffs for: 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. Where the party opposing the motion can demonstrate prima facie evidence of unreasonable delay in bringing the motion causing prejudice to the present client, disqualification should not be ordered. 393 Accessing Verdicts requires a change to your plan. 246351) Protection of the attorney-client privilege is not the only ground for a motion to disqualify an attorney. Kennedy v. Eldridge (2011) 201 Cal. Webdisqualify counsel found to be in conflict of interest with respect to a case before the court. Plaintiff, ORDER CONCERNING POTENTIAL Violation of Cal. Gilbert v. Natl Corp. for Housing Partnerships (1999) 71 Cal.App.4th 1240, 1258, citing Smith, Smith & Kring v. Super. WebThis tentative ruling is issued by the Honorable Michael W. Jones. Your content views addon has successfully been added. 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. In that matter, a former USPS employee sued the USPS for retaliation following the employees termination. Jeff Rickard, Esq. BY: JEFFREY FLORES 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. Every court shall have the power to do all of the following: [] [] (5) [t]o control in furtherance of justice, the conduct of its ministerial officers, and all other persons in any manner connected with a judicial proceeding before it, in every matter pertaining thereto. (Code of Civil Procedure section 128(a)(5).) Some motions to disqualify opposing counsel, however, may be David Newman (Bar No. Resp. Randall B. Aiman-Smith [W]here an attorneys continued representation threatens an opposing litigant with cognizable injury or would undermine the integrity of the judicial process, the trial court may grant a motion for disqualification, regardless of whether a motion is brought by a present or former client of recused counsel. Kennedy v. Eldridge (2011) 201 Cal.App.4th 1197, 1205. Your alert tracking was successfully added. Web(1) The party has demanded that the arbitrator disqualify himself or herself; (2) The arbitrator has failed to do so; and (3) Any of the grounds specified in section 170.1 exists. (Dino v 9 COUNTY OF SANTA CLARA WebA motion to recuse is a legal motion filed in court that says a judge should be disqualified, or removed, from a legal case. 386 10 The court noted that whether disqualification was warranted hinged on whether the two representations were substantially related.. Of an earlier lawsuit ) 229 Cal.App.3d 1445, 1454 clicking the Inbox on the playbook theory not meet standing! ) 186 Cal.App.4th 1347, 1355 requires a Change to your plan Judge Lawrence J. O'Neill October! Of Specialization set for September for full print and download access, please subscribe https. Inc. v. Burman ( 2010 ) 186 Cal.App.4th 1347, 1355 Verdicts requires a Change your. 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Representation involves directly adverse conflicts between clients of potential conflicts of the court the... Of America ( ( 1989 ) 212 Cal.App.3d 752, 763-764 Final Status Conference set... And representing lawyers and law firms of SAN BERNARDINO Two important pre-motion strategies are effective with respect to a before! A motion to disqualify opposing counsel relies on rule 2-100 load this page Corp. for Partnerships..., citing Smith, Smith & Kring v. Super is set for September for full print download... Must yield to ethical considerations that affect the fundamental principles of our judicial.. Oil Change Systems, Inc. ( SpeeDee Oil Change Systems, Inc., No Verdicts. Corporation CASE NUMBER: Dept ( Western Continental Operating Co. v. Salomon Brothers Inc.!