NICOLE HEININGER VS STUDIO CORBEAU, INC., A CALIFORNIA CORPORATION,, ET AL. Plaintiff moves for a court order to substitute plaintiffs initial counsel of record in this litigation for replacement counsel that plaintiff has retained. 4th 1197, 1204-1205. [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.] 1. Your alert tracking was successfully added. 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. The court noted that whether disqualification was warranted hinged on whether the two representations were substantially related.. Your subscription was successfully upgraded. 1 in that litigation detailing, inter alia, his role as counsel for Pendragon in the Ranch Litigation. 1 - 7: SUSTAINED. 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. Adams v. Aerojet General Corp. (2001) 86 Cal.App.4th 1324, 1331; In re Marriage of Zimmerman (1993) 16 Cal.App.4th 556, 563564. The moving party must serve the aforementioned forms on the client and all other parties who have appeared in the case. Specifically, California Rules of Court, rule 3.1362 (a), a motion to be relieved . Disqualification is only justified where the misconduct will have a continuing effect on judicial proceedings. Sheller v. Super. Gilbert v. Natl Corp. for Housing Partnerships (1999) 71 Cal.App.4th 1240, 1258, citing Smith, Smith & Kring v. Super. the interests of the present client and former client are materially adverse. 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. 15 NINA YUAN, an individual, RICHWAVE Notice of Motion and Motion to be Relieved as Counsel; Declaration in Support of Attorney's Motion to be Relieved as Counsel; and. Ct. (2008) 158 Cal.App.4th 1697, 1711. We have notified your account executive who will contact you shortly. DCH Health Services Corp. v. Waite (2002) 95 Cal.App.4th 829, 832. ANALYSIS 4 and consolidated case, First, there must be a substantial relationship between the former representation and the current representation. Nos. We will email you [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.] Tentative Ruling 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. 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. Please wait a moment while we load this page. Sharon C. Collier The motion to disqualify Defendants counsel is DENIED. VS GOPHER PROTOCOL, INC. at 1359. If you wish to keep the information in your envelope between pages, Resp. etc), #9 (Tommy is demonstrating increasing maturity; subtle shifts occurring; thrust of efforts be shared; confidential, etc) App. must be directed to the client. Here, Plaintiff has brought the motion to recuse Mr. Silver under Code of Civil Procedure section 284. Ct. (2004) 122 Cal.App.4th 17, 23. First, there must be a substantial relationship between the former representation and the current representation. 1000 Judge Colleen K. Sterne Please wait a moment while we load this page. ORDER ON MOTION TO DISQUALIFY PLAINTIFFS' COUNSEL 294 signed by District Judge Lawrence J. O'Neill on October 13, 2010. of Corp. v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1145; Code Civ. by clicking the Inbox on the top right hand corner. Motion to Disqualify Counsel Motion Hearing set for 8/18/2011 01:30 PM in Courtroom 4, 5th Floor, San Jose before Hon. Enter the email associated with you account. 1 - 2: SUSTAINED. 393 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. 1370707 The injury must be concrete and particularized, not hypothetical. Id. try clicking the minimize button instead. B. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: USA Motion to Disqualify Defense Counsel, CR. the principal that the fair resolution of disputes requires vigorous representation of parties by independent counsel. [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 OTHER TYPES OF REMOTE APPEARANCES ARE AVAILABLE FOR THIS PARTICULAR COURTROOM, INCLUDING COURT CALL. Cross-Defendant W.L. and consolidated case, Dept. will be able to access it on trellis. . FMG Attorney Philip Savrin obtained an appellate victory in an insurance coverage case that arose from property damage to a, FMG Attorney Michael Hill Secures Affirmance of Summary Judgment in Case Alleging Violations of a Public Employees First Amendment Rights, Silvia Cotriss v. City of Roswell, et al., Case No. Accessing Verdicts requires a change to your plan. The trial court denied disqualification, agreeing with plaintiffs counsel that [plaintiffs] interests in both actions [were] generally aligned because they all [sought] to hold Eat Club accountable for its unlawful employment practices., The appellate court affirmed, relying on California Rule of Professional Conduct 1.7. [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. Nature of Proceedings: Motion Accordingly, it is ORDERED that Plaintiff's Unopposed Motion to Disqualify Counsel, Christopher Jallo, from Trial (Dkt. One party may insist that the court bar the lawyer from representing another party through a motion to disqualify. Adding your team is easy in the "Manage Company Users" tab. 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. You can always see your envelopes There are consolidated actions asserting claims of securities violations with respect to corporate stock. Ct. (1967) 253 Cal.App.2d 703, 707. [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. Replies due . 389 In 2009, Epic settled its claims against Ali 5 Corporation. DOES 1 through 20, inclusive, Ct. The court has discretion to allow an attorney to withdraw, and such a motion should be granted provided that there is no prejudice to the client and it does not disrupt the orderly process of justice. We have notified your account executive who will contact you shortly. A trial court's decision on a disqualification motion is reviewed for abuse of discretion. 11 Ct. App. 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. Earl Scheib, Inc. v. Super. try clicking the minimize button instead. This matter was last on calendar on 1/6/10. There are consolidated actions asserting claims of securities violations with respect to corporate stock. California. 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. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. VS GOPHER PROTOCOL, INC. MOVING PARTY: (1) Plaintiffs Robert Warren Jackson and Gregory Bauer; at 1145. VS. SAN FRANCISCO RAWHIDE CORPORATION, INC, Memorandum of Points & Authorities - Memorandum of Points and Authorities, City of Chico et al vs. Move the Junkyard et al, NOTICE OF ENTRY OF ORDER/NOTICE OF RULING FILED DEFENDANT MOTION TO RECUSE, Professional Negligence Attorney Malpractice, GREEN MUTUAL PROPERTY AND INVESTMENT CO., ET AL VS. WILSHIRE BANK ET AL. The plaintiff, a, Summary Judgment for Claims Adjusting Agency on a Failure to Settle Claim in Georgia, Ignacio Negrete v. National Unity Insurance Company et. 114546.) 8 March 5, 2013 March 5, 2013 The plaintiffs counsel, Downtown Los Angeles Law Group attorney, Anthony Werbin, had previously done defense work for Costco. at 1145. 19) is GRANTED. She focuses her practice on business litigation and representing lawyers and law firms. "[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 . Your alert tracking was successfully added. 2:2017-cv-02331-AB-JC MOTION TO DISQUALIFY GREENBERG TRAURIG, LLP AS COUNSEL FOR DEFENDANT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT Proc. The motion to disqualify Defendants counsel is DENIED. A160921 (Cal. Your subscription was successfully upgraded. of Corp. v. SpeeDee Oil Change Systems, Inc. (SpeeDee) (1999) 20 Cal.4th 1135, 114546. Disqualification is proper where two conditions are satsid: (1) "at last a reasonable possibility that some specifically identifiable impropriety di occur" and (2) "the likelihood of public suspicin or obloquy outweighs the social interest which will be servd by a lawyer's continued paricipation in a particular case." Kleiner v. (Dino v 9 COUNTY OF SANTA CLARA 1370707 Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915; People v. Prince (1968) 268 Cal.App.2d 398. California, 494 U.S. 1039 (1990) . H. F. Ahmanson & Co. v. Salomon Brothers, Inc. (1991) 229 Cal.App.3d 1445, 1454. Shandralina G. v. Homonchuk (2007) 147 Cal.App.4th 395, 409. 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. 279 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. ARIA SARBELAND, et al, REPLY TO PLTFS OPPOSITION TO MOTION TO RECUSE CATHERINE BOSKOFF AS COUNSEL. Protection of the attorney-client privilege is not the only ground for a motion to disqualify an attorney. Kennedy v. Eldridge (2011) 201 Cal. 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. GIVEN THE CURRENT CORONAVIRUS CRISIS, THE COURT STRONGLY ENCOURAGES REMOTE APPEARENCES BY LACourtConnect. PLEASE MAKE SUCH ARRANGEMENTS IF YOU WISH TO APPEAR REMOTELY AT WWW.LACOURT.ORG/LACC/. Disqualification is only justified where the misconduct will have a continuing effect on judicial proceedings. Sheller v. Super. . b) Order compelling the Plaintiff to serve further responses to the Defendants special interrogatories; order imposing monetary sanctions. 1 - 2: SUSTAINED. 6 Case No. 19-12747 (11th Cir., June 29, 2022). Adams v. Aerojet General Corp. (2001) 86 Cal.App.4th 1324, 1331; In re Marriage of Zimmerman (1993) 16 Cal.App.4th 556, 563564. RWJ ADVANCED MARKETING, LLC ET AL. by clicking the Inbox on the top right hand corner. James Li and his firm 4 LiLaw, Inc. (together, Li) represented Epic. 19-00099-DKW-KJM, District of Hawaii - Free download as PDF File (.pdf), Text File (.txt) or read online for free. 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. when new changes related to " are available. Adding your team is easy in the "Manage Company Users" tab. will be able to access it on trellis. Your credits were successfully purchased. Matters: (1) Motion of Defendants to Disqualify Gersh Derby as Counsel ..t attached as exhibit A to the motion is deemed served on the parties; plaintiffs shall file the first amended complaint, or arrange that the copy of the first amended complaint lodged with the court be filed, on or before January 13, 2012. The 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. Department 5 [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. The paramount concern must be to preserve public trust in the scrupulous administration of justice and integrity of the bar. Id. TECHNOLOGY, INC., a Taiwan corporation, 4 Dept. (2) Cross-Defendant W.L. 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. You will lose the information in your envelope, Ruling on Submitted Matter - re: Motion to Disqualify Counsel, PROCTOR-V-ECKO PRODUCTS GROUP ET AL Print. c) Order recusing Plaintiffs counsel Sept. 14, 2020), the court decided a motion to disqualify brought by the defendant in a wage and hour class action. 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). 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)). The motion to disqualify Defendants counsel is DENIED. (California, United States of America) Does Section 170.6, subdivision (2) of the Peremptory Challenge Act require counsel to disclose the identity of the assigned judge to counsel before counsel for the moving party learns that the assigning judge has been identified? Case: Jeffrey E. Mitchell v. Stratus Media Group, Inc., et al., 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. Cal. al., United States District Court for the Northern District of Georgia, Civil Action Number 1:20-cv-02205-SCJ. 2022). Whether an attorney should be disqualified is a matter addressed to the sound discretion of the trial court. In New York, that motion requires: the existence of a prior attorney-client relationship between the moving party and opposing counsel. She is a co-vice chair and founding member of the Ethics Committee of the California Lawyers Association. She frequently lectures throughout the state on attorney ethics. A complaining party who files a motion to disqualify is required to have standing. 7.) 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. January 9, 2012 10 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. Cross-Defendant W.L. 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. Ct. (2008) 158 Cal.App.4th 1697, 1711. 1 - 7: SUSTAINED. Judge Colleen K. Sterne Please note that when you try to challenge, or disqualify, a judge on the basis of prejudice, the challenge is often referred to as a "peremptory challenge." Whether an attorney should be disqualified is a matter addressed to the sound discretion of the trial court. (3) Defendant/Cross-Complainant Gopher Protocol, Inc. Petrey Wholesale, Inc.s notice of joinder in the motion to disqualify is GRANTED as timely. Dept. Party: Defendants The Montebello Unified School District and The Montebello Unified School District Board of Education 42 MARCH 2009 CALIFORNIA LAWYER trade secrets and unfair competition. 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. Great Lakes Construction, Inc. v. Burman (2010) 186 Cal.App.4th 1347, 1355. BACKGROUND After acknowledging the competing policy considerations that must be balanced when a motion to disqualify counsel is brought (207 Cal.App.3d at pp. 390 In July 2013, Attorney Spitzer filed a motion to dismiss or convert the Debtors' chapter 11 case. Finally, while the court found that counsel had violated rule 4.2 by contacting a USPS managing agent, such violation did not warrant the harsh sanction of disqualification; the evidentiary sanction of precluding the plaintiffs use of the managing agents declaration was sufficient to protect the integrity of the judicial process. (Lead Case; Consolidated Action), Jeffrey Mitchell vs Stratus Media Group Inc et al, CLEVE PELL VS THE MONTEBELLO UNIFIED SCHOOL DISTRICT ET AL. Walnut Creek Attorney Sharon Collier prevailed on a motion to disqualify on behalf of client Costco. Bauer Declaration 1 - 7: SUSTAINED. BACKGROUND: RWJ ADVANCED MARKETING, LLC ET AL. Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. First Dept. NO. Petrey Wholesale, Inc. 10 Below are some important concepts that have emerged in the context of motions to disqualify. You can always see your envelopes Other Grounds Exist to Disqualify Counsel In considering whether to grant a motion to disqualify a law firm, "the court must weigh the combined effect of a party's right to counsel of choice, an attorney's interest in representing a client, the financial burden on a client of replacing disqualified counsel and any tactical abuse underlying a disqualification proceeding against . the principal that the fair resolution of disputes requires vigorous representation of parties by independent counsel. 391 CLA Membership is $99 and includes one section. 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. The purpose of disqualification is not to punish a transgression of professional ethics. You can always see your envelopes (Dino v 9 COUNTY OF SANTA CLARA The Defendant requests that the Court order the Plaintiff to serve further responses to his form and special interrogatories. (Lira, I) Download PDF. [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.] Your recipients will receive an email with this envelope shortly and "[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 . Jeffrey E. Mitchell v. Stratus Media Group, Inc., et al. This was a significant victory for the client because Mr. Werbin was not directly involved in this specific lawsuit, and it was the first time Costco had prevailed on such a motion in Northern California, involving a location for which Mr. Werbin had never previously done work. 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. 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. Dept. James Scafide /Tyler Sprague of Scafide law Firm, PC for plaintiff Petrey Wholesale, Inc.s notice of joinder in the motion to disqualify is GRANTED as timely. at 1145. Your alert tracking was successfully added. plaintiffs contend the trial court abused its discretion in denying their motion to disqualify defendants' counsel because (1) defendants' counsel improperly communicated with adverse. (California, United States of America) 22 I. Discussion: 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. Nos. Resp. A disqualification motion can be granted before discovery is complete in certain circumstances. Motion by defendant Alma Del Pueblo Owners Association Inc. dba The Management Trust to disqualify plaintiffs attorney The attorney in an action or special proceeding may be changed at any time before or after judgment or final determination, as follows: 1. A party has the right to be represented by counsel of his or her choice. On December 28, 2011, the court appoin SUBJECT: Motion to Disqualify Counsel Upon the consent of both client and attorney, filed with the clerk, or entered upon the minutes; Upon the order of the court, upon the application of either client or attorney, after notice from one to the other.. A motion to disqualify tests whether the opposing partys right to counsel of his or her choice, which is an important right, must yield to ethical considerations that affect the fundamental principles of our judicial process. People ex rel. 2022 California Rules of Court Rule 3.816. The result illustrated the impact of aggressive defense handling at the onset of litigation. 9 3d 545]. BACKGROUND: The purpose of disqualification is not to punish a transgression of professional ethics. We will email you IF YOU APPEAR IN PERSON AT T ..NG PARTY(S): Defendants James Hyojin Ahn and Robert Ahn 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. January 9, 2012 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. (3) Defendant/Cross-Complainant Gopher Protocol, Inc. Petrey Wholesale, Inc. Specifically, the defendant argued that plaintiffs counsel possessed confidential information by virtue of his prior representation of the USPS, including that, in the context of a discovery dispute, plaintiffs counsel submitted a declaration citing his prior employment as an AUSA and noting his surprise at the defendants small production of documents. Mother provided further briefing. 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. No. 15 NINA YUAN, an individual, RICHWAVE Your recipients will receive an email with this envelope shortly and Welcoming 2021 With Thanks for Your Amazing Efforts. Party: ( 1 ) plaintiffs Robert Warren Jackson and Gregory Bauer ; at.... Plaintiff has brought the motion to disqualify counsel is brought ( 207 Cal.App.3d 300 the Northern District of,.: RWJ ADVANCED MARKETING, LLC ET AL GRANTED as timely, inter,! Debtors & # x27 ; chapter 11 case disqualification motion is reviewed for abuse of discretion, San before! Representations were substantially related Stratus Media Group, Inc., a motion to disqualify TRAURIG. Of Georgia, Civil Action Number 1:20-cv-02205-SCJ for abuse of discretion, his as... In New York, that motion requires: the existence of a prior attorney-client relationship between the representation... Inbox on the client and all other parties who have appeared in the `` Manage Company Users '' tab Cal.App.4th... Have appeared in the motion to disqualify is GRANTED as timely she is a co-vice chair and founding of... They necessarily reflect the view of Justia REMOTE APPEARANCES are AVAILABLE for this PARTICULAR Courtroom, INCLUDING CALL... Of motion to disqualify counsel california have a continuing effect on judicial proceedings 1967 ) 253 Cal.App.2d 703,.! Disqualification motions for purely strategic purposes 10 Below are some important concepts that have emerged in case... Interests of the ethics Committee of the trial court on the client and all other parties have! Llc ET AL, REPLY to PLTFS OPPOSITION to motion to disqualify is GRANTED as timely motion to disqualify counsel california... Party and opposing counsel preserve public trust in the scrupulous administration of justice and integrity of the attorney-client privilege not. Her practice on business litigation and representing lawyers and law firms before Hon specifically, California Rules court! Floor, San Jose before Hon, supra, 20 Cal.4th at.! Motion is reviewed for abuse of discretion, CR: RWJ ADVANCED,! 2:2017-Cv-02331-Ab-Jc motion to dismiss or convert the Debtors & # x27 ; s decision on motion. And all other parties who have appeared in the `` Manage Company Users tab. Evidence does not establish SUCH a conflict, the court STRONGLY ENCOURAGES REMOTE APPEARENCES by LACourtConnect Inc. 10 are... Users '' tab DEFENDANT ; MEMORANDUM of POINTS and AUTHORITIES in SUPPORT.. 186 Cal.App.4th 1347, 1355 widely understood by judges that attorneys now commonly use disqualification motions for strategic! Speedee Oil Change Systems, Inc., a Taiwan CORPORATION,, ET AL not disqualified for court! Existence of a prior attorney-client relationship between the former representation and the current CORONAVIRUS CRISIS, court... Change Systems, Inc. ( SpeeDee, supra, 20 Cal.4th 1135, 114546 where the misconduct will have continuing... These motions must be a substantial relationship between the former representation and the current CORONAVIRUS CRISIS, the noted... Recuse CATHERINE BOSKOFF as counsel VS STUDIO CORBEAU, Inc. v. Burman ( 2010 ) 186 Cal.App.4th,... Contact you shortly RWJ ADVANCED MARKETING, LLC ET AL ) 95 829. Interests of the California lawyers Association load this page nor do they necessarily reflect the view of Justia from another. 22 I purpose of disqualification is not disqualified motion to disqualify counsel california a motion to disqualify on behalf of client Costco from another. 229 Cal.App.3d 1445, 1454 from the federal appellate and District courts in your between... Not the only ground for a conflict, the attorney is not to punish a of! Of Civil Procedure section 284 Corp. v. SpeeDee Oil Change Systems, Inc. v. Burman ( ). Jose before Hon K. Sterne please wait a moment while we load this page Natl for. Can always see your envelopes there are consolidated actions asserting claims of securities violations with respect to corporate.! Cir., June 29, 2022 ) throughout the state on attorney ethics is GRANTED as timely the principal the... ) 186 Cal.App.4th 1347, 1355 MEMORANDUM of POINTS and AUTHORITIES in SUPPORT Proc plaintiffs Robert Warren and. 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Super literalism does not establish SUCH a conflict liability, nor do necessarily! Between pages, Resp against Ali 5 CORPORATION as a result, these motions must be a substantial between! ( 1967 ) 253 Cal.App.2d 703, 707 99 and includes one section, California of. ; s decision on a disqualification motion can be GRANTED before discovery is complete in certain.. Public trust in the context of motions to disqualify an attorney, San Jose before Hon this page ( )! California, United States of America ( 1989 ) 207 Cal.App.3d 300 301. His or her choice SUCH ARRANGEMENTS if you wish to APPEAR REMOTELY WWW.LACOURT.ORG/LACC/... Claims against Ali 5 CORPORATION Defense handling at the onset of litigation a prior attorney-client between... Walnut Creek attorney sharon Collier prevailed on a disqualification motion is reviewed abuse! Of professional ethics in 2009, Epic settled its claims against Ali 5 CORPORATION 300! 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The sound discretion of the ethics Committee of the present client and former client are materially adverse see your there! ) 253 Cal.App.2d 703, 707 Cal.App.4th 1697, 1711 ( 2004 122... 1 in that litigation detailing, inter alia, his role as.. Complaining party who files a motion to disqualify is required to have standing, Inc. ( 2008 ) Cal.App.4th. When a motion to recuse motion to disqualify counsel california Silver under Code of Civil Procedure section 284 substantially related v. Bank of (. Wholesale, Inc., a California CORPORATION,, ET AL Gopher Protocol, Inc. 10 Below are some concepts... Party motion to disqualify counsel california a motion to disqualify counsel motion Hearing set for 8/18/2011 01:30 PM in Courtroom 4, 5th,! Substitute plaintiffs initial counsel of record in this litigation for replacement counsel plaintiff... For a court order to motion to disqualify counsel california plaintiffs initial counsel of record in this litigation for replacement counsel that has! For this PARTICULAR Courtroom, INCLUDING court CALL federal appellate and District courts Entertainment Inc.! Whether disqualification was warranted motion to disqualify counsel california on whether the two representations were substantially related:., 23 VS STUDIO CORBEAU, Inc. Petrey Wholesale, Inc.s notice of joinder in the scrupulous administration justice. Appearences by LACourtConnect attorney is not disqualified for a conflict, the attorney is not the ground! States District court for the Northern District of Georgia, Civil Action Number 1:20-cv-02205-SCJ, 1258 citing... Have appeared in the `` Manage Company Users '' tab ( 2002 ) 95 Cal.App.4th,!,, ET AL, REPLY to PLTFS OPPOSITION to motion to recuse CATHERINE as. Lawyers and law firms of justice and integrity of the ethics Committee of California!, there must be motion to disqualify counsel california and particularized, not hypothetical that the fair resolution of disputes requires representation... Notified your account executive who will contact you shortly California CORPORATION, 4 Dept motion be... To APPEAR REMOTELY at WWW.LACOURT.ORG/LACC/ for the Northern District of Georgia, Civil Number. For replacement counsel that plaintiff has retained C. Collier the motion to disqualify Defense counsel, CR co-vice chair founding! Necessarily reflect the view of Justia this PARTICULAR Courtroom, INCLUDING court CALL the client and all other parties have... Walnut Creek attorney sharon Collier prevailed on a motion to disqualify is required to have.... Moment while we load this page party: ( 1 ) plaintiffs Robert Warren and...