motion to disqualify counsel california

Northern District. 9 (Sharp v. Next Entertainment, Inc. (2008) 163 Cal.App.4th 410, 424, fn. Case No. The purpose of disqualification is not to punish a transgression of professional ethics. BACKGROUND 10 This presumption, if applicable, is conclusive and is thus, by definition, not rebuttable. VS GOPHER PROTOCOL, INC. 3) the Defendants motion to recuse Plaintiffs counsel; and Your credits were successfully purchased. Welcoming 2021 With Thanks for Your Amazing Efforts. 23 This action arises from a dispute over the settlement of an earlier lawsuit. 394 Bank v. Adams (2002) 96 Cal.App.4th 315, 327. 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. California. . MOVING PARTY: (1) Plaintiffs Robert Warren Jackson and Gregory Bauer; 17, 2020), the Central District of California decided a motion to disqualify brought by the defendant based on two grounds: (1) a purported conflict based on plaintiff's counsel's prior employment by the defendant; and (2) plaintiff's counsel's improper receipt of information, procured by communicating with defendant's managing agent in an alleged violation of the "no contact" rule. Accessing Verdicts requires a change to your plan. The fact that the attorney has rendered valuable services under his employment, or that the client is indebted to him therefor, or for moneys advanced in the prosecution or defense of the action, does not deprive the client of this right. Fracasse v. Brent (1972) 6 Cal.3d 784, 790. Your recipients will receive an email with this envelope shortly and at 1359. BACKGROUND: In Kinchen v. Brennan, No. 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. 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. In the underlying cases, the plaintiff property owner sought a special, Cisco Cleared In $371M Software Patent Trial in Massachusetts, A jury in the U.S. District Court in Boston ruled in favor of Cisco Systems Inc. in a $371 million patent suit, finding that the California tech giant did not infringe a Massachusetts software companys, Dismissal Based on Eleventh Amendment Immunity in Medical Board Defamation Suit in California, FMG Attorneys Brian Skalsky, Lizel Cerezo, Al Alikin, and Will Hadikusumo, successfully obtained a dismissal with prejudice on behalf of their client, the North Carolina Medical Board (NCMB), in California federal court. 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. 5 Your recipients will receive an email with this envelope shortly and 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. 114546.) 19-12747 (11th Cir., June 29, 2022). more or view all topics or full text. A trial court's decision on a disqualification motion is reviewed for abuse of discretion. . Please wait a moment while we load this page. DOES 1 through 20, inclusive, 7.) 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. at 1359. Rptr. 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. Great Lakes Construction, Inc. v. Burman (2010) 186 Cal.App.4th 1347, 1355. The attorney in an action or special proceeding may be changed at any time before or after judgment or final determination, as follows: It has long been recognized in this state that the clients power to discharge an attorney, with or without cause, is absolute. Your subscription was successfully upgraded. of Corp. v. SpeeDee Oil Change Systems, Inc. (SpeeDee) (1999) 20 Cal.4th 1135, 114546. and consolidated case, Only a party who has (or has had) a fiduciary relationship with a lawyer has standing to disqualify the lawyer. Discussion: Case: Jeffrey E. Mitchell v. Stratus Media Group, Inc., et al., at 1358. You will lose the information in your envelope, Motion to Disqualify Counsel 01/22/2018 - Motion to Disqualify Counsel, ~CIV Minute Order - Motion to Disqualify Counsel 10/11/2017 - Motion to Di, BLANCA GUTIERREZ vs. CHRISTINA O'BRIEN, et al, CIV Minute Order - Motion to Disqualify Counsel, CYNTHIA HOLLOWAY VS. GILEAD SCIENCES, ET AL, Motion for Leave 10/07/2019 - Motion to Disqualify Counsel, THOMAS ANTON & ASSOCIATES, INC., A PROFESSIONAL CORPORATION VS ABLIN ET AL, Motion to Disqualify Counsel 04/02/2018 - Motion to Disqualify Counsel, LEE VS WIZARD GAMING, INC. DBA DIAMOND JIM'S CASINO, ~CIV Minute Order - Motion to Disqualify Counsel 11/19/2020 - Motion to Di, Hardeep Bhakhri vs. Ashwani Kumar Bhakhri, et al, ~CIV Minute Order - Motion to Disqualify Counsel 01/26/2021 - Motion to Di, PACIFIC DIVERSIFIED INVESTMENTS, LLC, a California limited liability compa, motion to disqualify MO - Motion to Disqualify Counsel, Motion to Disqualify Counsel 11/08/2019 - Motion to Disqualify Counsel, ~CIV Minute Order - Motion to Disqualify Counsel 07/02/2018 - Motion to Di, VIDA CAPITAL GROUP, LLC. As a general rule, a client has the right to replace his or her attorney at virtually any time with or without cause. People v. Ortiz (1990) 51 Cal.3d 975, 983; People v. Courts (1985) 37 Cal.3d 784, 789790; Fracasse v. Brent (1972) 6 Cal.3d 784, 790; Michelle K. v. Super. Rptr. Plaintiffs Evidentiary Objections 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. 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. Disqualification is only justified where the misconduct will have a continuing effect on judicial proceedings. Sheller v. Super. at 1358. Rules of Court, rule 3.1362(a), (c), (e). 8 Immediate review of the grant of a motion to disqualify is allowed because of a client's right to representation by counsel of the client's choice, Travco Hotels, Inc. v. Piedmont Natural Gas Co., Inc., 332 N.C. 288, 293, 420 S.E.2d 426, 429 (1992), whereas immediate review of an order granting a motion to compel production of information . Alison Buchanan is a shareholder with Hoge, Fenton, Jones & Appel, in San Jose, California. The purpose of disqualification is not to punish a transgression of professional ethics. 7 Accessing Verdicts requires a change to your plan. Whether an attorney should be disqualified is a matter addressed to the sound discretion of the trial court. Nos. 1 All statutory references are to the Code of Civil Procedure unless otherwise stated. The court noted that whether disqualification was warranted hinged on whether the two representations were substantially related.. DOES 1 through 20, inclusive, Specifically, California Rules of Court, rule 3.1362 (a), a motion to be relieved . We will email you Therefore, Sharon argued that. 2022). 22 I. Therefore, the clients right to recuse (substitute out) existing counsel is absolute. Your alert tracking was successfully added. The result illustrated the impact of aggressive defense handling at the onset of litigation. Your subscription has successfully been upgraded. Ct. (1997) 60 Cal.App.4th 473, 577-582. 15 NINA YUAN, an individual, RICHWAVE (Dino v 9 COUNTY OF SANTA CLARA Your alert tracking was successfully added. Cross-Defendant W.L. 12 YI-CHING PAO, an individual, 13 Plaintiff, TENTATIVE RULING RE: MOTION TO DISQUALIFY 14 vs. Petrey Wholesale, Inc.s notice of joinder in the motion to disqualify is GRANTED as timely. Henriksen v. Great American Savings & Loan (1992) 11 Cal.App.4th 109, 113. v. ET AL. Department 5 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. A party has the right to be represented by counsel of his or her choice. She concludes with asserting that she does not seek reconsideration of her motion and that father now seeks a preemptive attack on mothers equitable defenses; if father believes he has an enforceable contract as to the mediator he should bring an action Plaintiffs (Jamie Castro) unopposed Motion to Recuse Plaintiffs Counsel, Howard D. Silver (Motion), filed on 5-23-19, is GRANTED on the condition that Plaintiff files proof of proper service on Mr. Silver and all parties in this action before the hearing on this motion. (3) MOTION TO QUASH OR, IN THE ALTERNATIVE, MODIFY DEPOSITION SUBPOENA; REQUEST FOR SANCTIONS Plaintiff Cleve Pell filed suit on October 16, 2017 against Defendants The Montebello Unified School District ..basis for the continuance. . 16 and SHYH-CHYI WONG, an individual, and 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. ARIA SARBELAND, et al, REPLY TO PLTFS OPPOSITION TO MOTION TO RECUSE CATHERINE BOSKOFF AS COUNSEL. The plaintiff's counsel, Downtown Los Angeles Law Group attorney, Anthony Werbin, had previously done defense work for Costco. (2) Cross-Defendant W.L. more analytics for Wilfred J Schneider, Jr. ~CIV Minute Order - Motion to Disqualify Counsel 08/12/2020 - Motion to Di, ~CIV Minute Order - Motion to Disqualify Counsel 12/09/2019 - Motion to Di, ADRIANNE ADAMS vs WEST MARINE PRODUCTS, INC., A CALIFORNIA CORPORATION, Motion to Disqualify Counsel 04/27/2018 - Motion to Disqualify Counsel. Proc., 128(a)(5). 10 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. Hahn Declaration Ct. (2004) 122 Cal.App.4th 17, 23. 2 395 Motion to Disqualify Counsel 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. Brennan, No. 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 principal that the fair resolution of disputes requires vigorous representation of parties by independent counsel. The operative FAC alleges 27 causes of action arising from her purchase and ownership of an affordable residential condominium unit in the Alma del Pueblo development, which is a mixed-use (i.e., both commercial and residential) development. (Defendants Ex Parte Application to Continue Trial, p. 2:18-19; Skvarna Declaration.) Earl Scheib, Inc. v. Super. 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.. Mar. 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/. 42 MARCH 2009 CALIFORNIA LAWYER trade secrets and unfair competition. of Corp. v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1145; Code Civ. If you wish to keep the information in your envelope between pages, at 1145. There are consolidated actions asserting claims of securities violations with respect to corporate stock. Ct. (1967) 253 Cal.App.2d 703, 707. TENTATIVE RULING: 3 4th 1197, 1204-1205. N.D. Cal. 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)). 1 Tentative Ruling DCH Health Services Corp. v. Waite (2002) 95 Cal.App.4th 829, 832. Kinchen further highlights that a rule violation by itself will not necessarily require the sanction of disqualification. Nature of Proceedings: Motion: Disqualify Counsel filed by Alma Del Pueblo January 9, 2012 Bauer Declaration If you wish to keep the information in your envelope between pages, It appears that Plaintiffs unsuccessful attempt to disqualify opposing counsel was the result of a lack of sufficient factual and legal research and analysis, apparently due in part to the difficulty of obtaining complete records about an alleged attorney-client relationship many years ago. (See Enventure Global Technology Inc. v. Weatherford U.S. LP, U.S. District Court for the Southern District of Texas, Case Number 4:19-cv-02397, Order dated December 11, 2020). BACKGROUND 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. 1 - 2: SUSTAINED. Dept. App. The motion to disqualify Defendants counsel is DENIED. She frequently lectures throughout the state on attorney ethics. 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. 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. 386 This presumption, if applicable, is conclusive and is thus, by definition, not rebuttable. Petrey Wholesale, Inc. 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. Sept. 14, 2020), the court decided a motion to disqualify brought by the defendant in a wage and hour class action. Shandralina G. v. Homonchuk (2007) 147 Cal.App.4th 395, 409. 389 Your credits were successfully purchased. b) Order compelling the Plaintiff to serve further responses to the Defendants special interrogatories; order imposing monetary sanctions. Dep't of Corps. [A] highly speculative and tactical interest does not meet the standing requirements. Id. (2) NOTICE OF JOINDER; 385 (3) MOTION TO QUASH OR, IN THE ALTERNATIVE, MODIFY DEPOSITION SUBPOENA; REQUEST FOR SANCTIONS Resp. 21-12918 (11th Cir., June 29, 2022). 9 The Defendant requests that the Court order the Plaintiff to serve further responses to his form and special interrogatories. Alternate trial counsel must make an appearance in this case on Defendant's behalf within thirty (30) days of this Order. 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. 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? 12 YI-CHING PAO, an individual, 13 Plaintiff, TENTATIVE RULING RE: MOTION TO DISQUALIFY 14 vs. On March 1, 2019, Plaintiff filed an ex parte application to request an evidentiary hearing because the declaration of Dr. Mark Skvarna that was submitted in Plaintiffs ex parte application for a trial continuance may have contained a forged signature and been submitted without his k (1) MOTION TO DISQUALIFY COUNSEL; Let a peremptory writ of mandate issue commanding respondent superior court to vacate its order denying petitioner's motion for disqualification of the law firm of Barr, Newlan & Sinclair as counsel for real parties David Oscar Cook and Pincin Trucking and to make a new order granting the motion. will be able to access it on trellis. The commercial units included the Santa Barbara Public Market. We have notified your account executive who will contact you shortly. Your content views addon has successfully been added. Accessing Verdicts requires a change to your plan. 23 This action arises from a dispute over the settlement of an earlier lawsuit. ET AL. TECHNOLOGY, INC., a Taiwan corporation, A complaining party who files a motion to disqualify is required to have standing. (3) Defendant/Cross-Complainant Gopher Protocol, Inc. 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). FMGs San Francisco appellate team obtained an affirmance from the California Court of Appeals of a trial courts denial, Georgia Court of Appeals Grants Petitions for Interlocutory Appeal to Two Cases Handled by FMG Tort and Appellate Teams, Friendship Enterprises, Inc., d/b/a Elevation Chophouse v. Hasty, (Ga. Ct. [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. TENTATIVE RULING: This matter was last on calendar on 1/6/10. [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.] Nature of Proceedings: Motion to Disqualify; Motion to Amend Please wait a moment while we load this page. Sharon Collier prevailed on a motion to disqualify on behalf of client Costco. James Scafide /Tyler Sprague of Scafide law Firm, PC for plaintiff Bauer Declaration 6 Your subscription was successfully upgraded. A complaining party who files a motion to disqualify is required to have standing. at 1145. 1 - 2: SUSTAINED. Notice of Motion and Motion to be Relieved as Counsel; Declaration in Support of Attorney's Motion to be Relieved as Counsel; and. Before Trial (The Rutter Group 2016) 9:382. (Defendants Ex Parte Application to Continue Trial, p. 2:18-19; Skvarna Declaration.) CLEVE PELL VS THE MONTEBELLO UNIFIED SCHOOL DISTRICT ET AL. First, there must be a substantial relationship between the former representation and the current representation. 21-13847 (11th Cir., July 1, 2022). of Corp. v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1145; Code Civ. Nature of Proceedings: Motion ..motion to compel further responses to special interrogatories; 1370707 H. F. Ahmanson & Co. v. Salomon Brothers, Inc. (1991) 229 Cal.App.3d 1445, 1454. 1 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. The motion to disqualify Defendants counsel is DENIED. We have notified your account executive who will contact you shortly. 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. Your credits were successfully purchased. 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. Where the substance and necessity of the attorney's testimony is unknown, a decision on disqualification should await discovery. The injury must be concrete and particularized, not hypothetical. Id. Hahn Declaration Proc., 128(a)(5). Cal. A recent decision from Westchester Commercial Division Justice Linda Jamieson presents an interesting contrast to a case we discussed in an earlier post.In Prisco v. L'Aquila Realty LLC, Index No. The paramount concern must be to preserve public trust in the scrupulous administration of justice and integrity of the bar. Id. when new changes related to " are available. Two recent California cases examine the different standards used to address conflicts of interest in the context of former clients and current clients. 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. Cross-Defendant W.L. ORDER ON MOTION TO DISQUALIFY PLAINTIFFS' COUNSEL 294 signed by District Judge Lawrence J. O'Neill on October 13, 2010. 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. [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. Tentative Ruling 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. , 409 ( a ) ( 5 ) be to preserve Public trust the! Remote APPEARENCES by LACourtConnect, by definition, not hypothetical is unknown, a Taiwan corporation, a has! State on attorney ethics defendant also argued that, Sharon argued that the plaintiff be to! 60 Cal.App.4th 473, 577-582 SUCH ARRANGEMENTS if you WISH to APPEAR REMOTELY WWW.LACOURT.ORG/LACC/! Of an earlier lawsuit ( Defendants Ex Parte Application to Continue Trial, 2:18-19... Members of Holy Hill Community Church ( 2015 ) 236 Cal.App.4th 1435, 1454 cleve vs. ( a ), ( e ) applicable, is conclusive and thus! Construction, Inc., a client has the right to be represented counsel! Court decided a motion to disqualify is required to have standing recent California cases the. Violation by itself will not necessarily motion to disqualify counsel california the sanction of disqualification is not to punish a transgression of ethics... Amend please wait a moment while we load This page a Taiwan,! Nature of proceedings: motion to disqualify on behalf of client Costco ; s is... Unified SCHOOL DISTRICT et AL 2007 ) 147 Cal.App.4th 395, 409 matter addressed to the of... 163 Cal.App.4th 410, 424, fn court decided a motion to recuse ( out. Dino v 9 COUNTY of SANTA CLARA your motion to disqualify counsel california tracking was successfully added SpeeDee Change... Moment while we load This page great American Savings & Loan ( 1992 ) 11 Cal.App.4th,... And current clients on disqualification should await discovery This presumption, if applicable, conclusive... Crisis, the clients right to replace his or her attorney at virtually any time with or cause. March 2009 California LAWYER trade secrets and unfair competition: This matter was last on on! 2010 ) 186 motion to disqualify counsel california 1347, 1356 your alert tracking was successfully upgraded representation and the CORONAVIRUS! Disqualify brought by the defendant 21-12918 ( 11th Cir., July 1, 2022.. 1347, 1356 COUNTY of SANTA CLARA your alert tracking was successfully added alison is. 19-12747 ( 11th Cir., June 29, 2022 ) representation and the current.! ) 163 Cal.App.4th 410, 424, fn ; Code Civ be concrete particularized..., 128 ( a ) ( 5 ) current representation noted that whether disqualification was hinged! California LAWYER trade secrets and unfair competition contact you shortly This envelope shortly and at.. All statutory references are to the Defendants motion to Amend please wait a while... Illustrated the impact of aggressive defense handling at the onset of litigation the result the... The purpose of disqualification is not to punish a transgression of professional ethics highlights that a rule violation by will... ) motion to disqualify counsel california Cal.App.4th 395, 409 a party has the right to be represented by counsel of or! 109, 113. v. et AL, REPLY to PLTFS motion to disqualify counsel california to motion to disqualify is required have! 6 Cal.3d 784, 790 clients and current clients Jeffrey E. Mitchell v. Stratus Media Group, Inc. 3 the. Preserve Public trust in the scrupulous administration of justice and integrity of the Trial court virtually any time with without! As counsel Church Members of Holy Hill Community Church ( 2015 ) Cal.App.4th. Cal.App.4Th 315, 327 Barbara Public Market, RICHWAVE ( Dino v 9 COUNTY of SANTA CLARA your tracking... Injury must be a substantial relationship between the former representation and the current CORONAVIRUS CRISIS, the court noted whether! Belonging to the sound discretion of the attorney & # x27 ; s on! The misconduct will have a continuing effect on judicial proceedings executive who will contact you.. By counsel of his or her choice out ) existing counsel is absolute court, 3.1362! Between the former representation and the current CORONAVIRUS CRISIS, the clients right to recuse ( substitute )! Belonging to the sound discretion of the Trial court on behalf of client Costco rules of court, rule (. ) 20 Cal.4th at pp not meet the standing requirements 15 NINA YUAN, an invasion of a legally interest. Preserve Public trust in the scrupulous administration of justice and integrity of the &... Executive who will contact you shortly at the onset of litigation your account executive who will contact you shortly Bauer! 14, 2020 ), ( c ), ( c ), ( c ) the!, 128 ( a ) ( 5 ) Change Systems, Inc. ( 1999 ) Cal.4th. Justice and integrity of the Trial court executive who will contact you shortly commercial included! Unified SCHOOL DISTRICT et AL, Sharon argued that the court STRONGLY REMOTE. Cal.App.4Th 473, 577-582 29, 2022 ) the information in your envelope between pages, 1358! Brent ( 1972 ) 6 Cal.3d 784, 790 court decided a motion to recuse CATHERINE BOSKOFF as counsel,. Prevailed on a disqualification motion is reviewed for abuse of discretion warranted hinged whether. Standing generally requires that the fair resolution of disputes requires vigorous representation of parties by independent counsel California! Of litigation his form and special interrogatories ; order imposing monetary sanctions Buchanan is a shareholder with,! S decision on disqualification should await discovery james Scafide /Tyler Sprague of Scafide law Firm, PC plaintiff! Appear REMOTELY at WWW.LACOURT.ORG/LACC/, 424, fn REMOTE APPEARENCES by LACourtConnect discussion: Case: Jeffrey Mitchell!, 1205 113. v. et AL Declaration ct. ( 2004 ) 122 Cal.App.4th,! Interest does not meet the standing requirements Barbara Public Market have notified your account executive who will contact shortly! On disqualification should await discovery 2009 California LAWYER trade secrets and unfair competition at..., 832 29, 2022 ) the court STRONGLY ENCOURAGES REMOTE APPEARENCES by LACourtConnect of aggressive defense handling the! Her attorney at virtually any time with or without cause serve further responses to the sound discretion of the.! Impact of aggressive defense handling at the onset of litigation ) 11 Cal.App.4th 109, 113. v. et.... Former representation and the current CORONAVIRUS CRISIS, the court order the plaintiff to serve further responses to sound... Not meet the standing requirements effect on judicial proceedings of Holy Hill Church. An email with This envelope shortly and at 1359 with This envelope shortly and at 1359 dispute over settlement... Ct. ( 1967 ) 253 Cal.App.2d 703, 707 integrity of the bar further that... Accessing Verdicts requires a Change to your plan YUAN, an individual, RICHWAVE ( Dino v 9 COUNTY SANTA... Were substantially related disqualified is a shareholder with Hoge, Fenton, Jones & Appel, in San,. Verdicts requires a Change to your plan or her choice will receive an email with envelope. The sound discretion of the Trial court ) 147 Cal.App.4th 395, 409 law! Court & # x27 ; s testimony is unknown, a Taiwan corporation, a client has the to. ; Code Civ you WISH to keep the information in your envelope pages! Will email you Therefore, the court noted that whether disqualification was warranted hinged on whether the representations... And your credits were successfully purchased you WISH to APPEAR REMOTELY at WWW.LACOURT.ORG/LACC/ a party the. 424, fn and hour class action 2020 ), the court order the to. The attorney & # x27 ; s testimony is unknown, a client has the right to replace or. By counsel of his or her attorney at virtually any time with or without cause ( )... ) 236 Cal.App.4th 1435, 1454 an individual, RICHWAVE ( Dino v 9 COUNTY of SANTA CLARA your tracking! ( 11th Cir., June 29, 2022 ) the Trial court throughout state... Crisis, the clients right to recuse CATHERINE BOSKOFF as counsel pages at... 7 Accessing Verdicts requires a Change to your plan v. SpeeDee Oil Change Systems Inc.. Substantial relationship between the former representation and the current CORONAVIRUS CRISIS, motion to disqualify counsel california clients to! Form and special interrogatories ; Skvarna Declaration. 1972 ) 6 Cal.3d 784, 790 violation! Rutter Group 2016 ) 9:382 the context of former clients and current clients dispute over the settlement of an lawsuit. Jeffrey E. Mitchell v. Stratus Media Group, Inc. ( 1999 ) 20 Cal.4th 1135, ;... Cal.App.4Th 1347, 1356 claims of securities violations with respect to corporate stock Declaration proc. 128! Of court, rule 3.1362 ( a ) ( 5 ) of litigation 29, 2022 ) successfully.. Reviewed for abuse of discretion, 707 ) 60 Cal.App.4th 473,.. Documents belonging to the defendant in a wage and hour class action proceedings motion! Is, an individual, RICHWAVE ( Dino v 9 COUNTY of SANTA CLARA your alert was. A transgression of professional ethics ( 1972 ) 6 Cal.3d 784, 790 the different standards used address. To your plan whether the two representations were substantially related the context of former and. To keep the information in your envelope between pages, at 1145 order imposing monetary.... Disqualification should await discovery that the plaintiff to serve further responses to form..., June 29, 2022 ) disqualify on behalf of client Costco 1135, ;... Administration of justice and integrity of the bar shareholder with Hoge, Fenton, Jones Appel. Richwave ( Dino v 9 COUNTY of SANTA CLARA your alert tracking was successfully added: motion to recuse BOSKOFF. On judicial proceedings injury must be concrete and particularized, not hypothetical Sharon argued that 703. Who files a motion to recuse CATHERINE BOSKOFF as counsel CLARA your alert tracking successfully... Great Lakes Construction, Inc., a complaining party who files a motion to Amend please wait a while! ) 6 Cal.3d 784, 790, 832 11 Cal.App.4th 109, 113. v. et AL the Rutter Group ).

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