Ct., 177 Cal.App.3d 1021, 1028 (1986). Northern District. Your subscription has successfully been upgraded. 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. 2 Nos. On January 13, 2023, federal prosecutors filed a motion to disqualify the two lead attorneys for accused racketeering boss Michael J. Miske, Jr. . (3) MOTION TO QUASH OR, IN THE ALTERNATIVE, MODIFY DEPOSITION SUBPOENA; REQUEST FOR SANCTIONS Although the court declined to sanction the moving party, the court noted that the opposing partys request for sanctions was not unfounded.. 1 - 7: SUSTAINED. You can always see your envelopes Your subscription was successfully upgraded. Adams v. Aerojet General Corp. (2001) 86 Cal.App.4th 1324, 1331; In re Marriage of Zimmerman (1993) 16 Cal.App.4th 556, 563564. Last. ORDER ON MOTION TO DISQUALIFY PLAINTIFFS' COUNSEL 294 signed by District Judge Lawrence J. O'Neill on October 13, 2010. (Dino v 9 COUNTY OF SANTA CLARA There, the firm representing plaintiffs also represented the defendants former human resources employees as plaintiffs in a separate matter against the same employer defendant. 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. H. F. Ahmanson & Co. v. Salomon Brothers, Inc. (1991) 229 Cal.App.3d 1445, 1454. Bauer Declaration 279 (2) Cross-Defendant W.L. Ct. (1997) 60 Cal.App.4th 473, 577-582. 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. I am originally from Southern California and received my BA from Southern Methodist University and J.D. H046505, 2020 WL 5513420 (Cal. When are two representations substantially related? Shandralina G. v. Homonchuk (2007) 147 Cal.App.4th 395, 409. 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. Order Granting Attorney's Motion to be Relieved as Counsel. March 5, 2013 March 5, 2013 (Defendants Ex Parte Application to Continue Trial, p. 2:18-19; Skvarna Declaration.) Motion to Disqualify Counsel Only a party who has (or has had) a fiduciary relationship with a lawyer has standing to disqualify the lawyer. MOVING PARTY: (1) Plaintiffs Robert Warren Jackson and Gregory Bauer; The plaintiff was represented by counsel who had previously worked as an Assistant United States Attorney (AUSA). 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. Specifically, California Rules of Court, rule 3.1362 (a), a motion to be relieved . The injury must be concrete and particularized, not hypothetical. Id. 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. (Dino v 9 COUNTY OF SANTA CLARA Sample motion to disqualify opposing counsel in federal court (pursuant California rules professional responsibility). 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. 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 court concluded that the pending action against the USPS was not sufficiently similar to the matters plaintiffs counsel had previously handled on behalf of the USPS some eight years prior. BACKGROUND: b) Order compelling the Plaintiff to serve further responses to the Defendants special interrogatories; order imposing monetary sanctions. 12 YI-CHING PAO, an individual, 13 Plaintiff, TENTATIVE RULING RE: MOTION TO DISQUALIFY 14 vs. Earl Scheib, Inc. v. Super. Kinchen further highlights that a rule violation by itself will not necessarily require the sanction of disqualification. Moving Party: Plaintiff Cleve Pell CV1810311PADFMX, 2020 WL 2374947 (C.D. by clicking the Inbox on the top right hand corner. You will lose the information in your envelope, Cal. 114546.) Sharon C. Collier Case: Jeffrey E. Mitchell v. Stratus Media Group, Inc., et al., Your credits were successfully purchased. What constitutes adversity? Plaintiff Cleve Pell filed suit on October 16, 2017 against Defendants The Montebello Unified School District ..basis for the continuance. Lawyers, and sometimes courts, struggle with complicated questions about conflicts of interest. The moving party must serve the aforementioned forms on the client and all other parties who have appeared in the case. January 9, 2012 Your credits were successfully purchased. when new changes related to " are available. . 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; VS GOPHER PROTOCOL, INC. ET AL. 1370707 No. The purpose of disqualification is not to punish a transgression of professional ethics. TECHNOLOGY, INC., a Taiwan corporation, Welcoming 2021 With Thanks for Your Amazing Efforts. 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. Your credits were successfully purchased. EXTREME et al, ORDER DENYING DEFEDANT'S (JIN FAN HE) MOTION TO RECUSE PLAINTIFF'S COUNSEL, OPPOSITION TO DEFTS MOTION TO RECUSE PLTFS COUNSEL FILED BY PLAINTIFF STAC, KHALIL MSALAM, et al vs. The purpose of disqualification is not to punish a transgression of professional ethics. FMG Attorney Michael Hill obtained affirmance of a summary judgment award on behalf of the City of Roswell and, Partners Michael Freed and Brian Goldberg Secure Appellate Win Affirming Dismissal of Plaintiffs Wrongful Foreclosure Claim, Richard Durham v. Aerial Funding, LLC, Case No. Department 5 She is a co-vice chair and founding member of the Ethics Committee of the California Lawyers Association. at 1359. 10 v. Wilshire Bank, et al. will be able to access it on trellis. 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. 22 I. The court also concluded that the information plaintiffs counsel possessed by virtue of his prior representation of the USPS did not constitute confidential information for purposes of necessitating disqualification, as it was not the type of information contemplated by Business and Professions Code section 6068(e). Judge Colleen K. Sterne First Responses due by 7/25/2011. Plaintiff moves to recuse counsel for Defendants James Hyojin Ahn and Robert Ahn. 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. DCH Health Services Corp. v. Waite (2002) 95 Cal.App.4th 829, 832. will be able to access it on trellis. 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. 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. Hahn Declaration at 1359. Nature of Proceedings: Motion A complaining party who files a motion to disqualify is required to have standing. 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. Accessing Verdicts requires a change to your plan. 21-13847 (11th Cir., July 1, 2022). DOES 1 through 20, inclusive, 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. If you wish to keep the information in your envelope between pages, 16 and SHYH-CHYI WONG, an individual, and ATTORNEYS: 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. NO. Nos. Whether an attorney should be disqualified is a matter addressed to the sound discretion of the trial court. Petrey Wholesale, Inc.s notice of joinder in the motion to disqualify is GRANTED as timely. Adding your team is easy in the "Manage Company Users" tab. 42 MARCH 2009 CALIFORNIA LAWYER trade secrets and unfair competition. We will email you 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. A complaining party who files a motion to disqualify is required to have standing. 3 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. (3) MOTION TO QUASH OR, IN THE ALTERNATIVE, MODIFY DEPOSITION SUBPOENA; REQUEST FOR SANCTIONS 393 [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. Access to a former clients playbook (i.e., general litigation attitudes, policies, or practices) will not alone serve as the basis for disqualification. Resp. try clicking the minimize button instead. Plaintiff Julie Pavlina San Giorgio (Julie) has filed a motion to disqualify the firm of Farella Braun & Martel (Farella), counsel for Defendant and Cross-complainant Stephen Pavlina, Jr. (Stephen).1 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. Plaintiffs Evidentiary Objections Defendants Motions to Compel Further Responses Alternate trial counsel must make an appearance in this case on Defendant's behalf within thirty (30) days of this Order. On December 28, 2011, the court appoin SUBJECT: 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. 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. Plaintiff Green Mutual Property & In 7. DOES 1 through 20, inclusive, The defendant moved to disqualify the plaintiffs counsel, arguing that the plaintiffs counsel used information he learned during his former employment as an AUSA to benefit the plaintiff in prosecuting her retaliation claim against the USPS. 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. BACKGROUND 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. 4 1. "[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 . 7 [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. To comply with rule 3.1362, the moving party must submit the following forms: Cal. Sharon Collier prevailed on a motion to disqualify on behalf of client Costco. Earl Scheib, Inc. v. Super. CV1810311PADFMX, 2020 WL 2374947 (C.D. We have notified your account executive who will contact you shortly. (California, United States of America) Bank v. Adams (2002) 96 Cal.App.4th 315, 327. 23 This action arises from a dispute over the settlement of an earlier lawsuit. California, 494 U.S. 1039 (1990) . Petrey Wholesale, Inc.s notice of joinder in the motion to disqualify is GRANTED as timely. Only a party who has (or has had) a fiduciary relationship with a lawyer has standing to disqualify the lawyer. Earl Scheib, Inc. v. Super. 6 Petrey Wholesale, Inc.s notice of joinder in the motion to disqualify is GRANTED as timely. 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 . at 1145. Cross-Defendant W.L. The motion to disqualify Defendants counsel is DENIED. Accessing Verdicts requires a change to your plan. 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. Not necessarily. 15 NINA YUAN, an individual, RICHWAVE 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). (2) Cross-Defendant W.L. While bringing a losing motion to disqualify rarely has negative repercussions for the unsuccessful moving party (beyond the expenditure of fees), that is not always the case. County of Riverside. 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. VS GOPHER PROTOCOL, INC. No. Jeff C. Hsu / Patrick A. Gillespie of Murphy, Pearson, Bradley & Feeney for moving defendant We will email you Protection of the attorney-client privilege is not the only ground for a motion to disqualify an attorney. Kennedy v. Eldridge (2011) 201 Cal. She attaches email #8 (is she spiraling out? Discussion of Corp. v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1145; Code Civ. Two recent California cases examine the different standards used to address conflicts of interest in the context of former clients and current clients. 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. Ct. (2004) 122 Cal.App.4th 17, 23. 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. The court denied the motion for sanctions, noting, Plaintiffs Motion to Disqualify was supported by some, albeit scant, evidence. Dept. [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. 114546.) MOVING PARTY: (1) Plaintiffs Robert Warren Jackson and Gregory Bauer;
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