motion to disqualify counsel california
ATTORNEY PHU DO NGUYEN AND DO PHU & ANH TUAN, APC, IN ITS 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. We noticed that you're using an AdBlocker. Hallie Von Rock The ADR administrator must return the case to the top of the arbitration hearing 15332 Antioch St., N. 148 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. One of the principal obligations of every attorney is to protect each of his or her clients in every possible way. On December 28, 2011, the court appoin SUBJECT: Motion to Disqualify Counsel : 19CV352866 Attorneys for voluntary stipulations entered into by the parties. (Defendants Ex Parte Application to Continue Trial, p. 2:18-19; Skvarna Declaration.) The purpose of disqualification is not to punish a transgression of professional ethics. Randall B. Aiman-Smith 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. First, identify and resolve potential conflicts, including both multiple and successive representations, before undertaking a representation or hiring a lateral. Discussion: Adding your team is easy in the "Manage Company Users" tab. Your recipients will receive an email with this envelope shortly and 2 Los Angeles, CA 90272 
DEFENDANT: KM INDUSTRIAL VS PARAMOUNT PETROLEUM, Case Number: 20-CIV-00446 [A] highly speculative and tactical interest does not meet the standing requirements. Id. 23AVCV00334 March 28, 2023 Your subscription was successfully upgraded. 390 Petrey Wholesale, Inc.s notice of joinder in the motion to disqualify is GRANTED as timely. Mar. App. 
Plaintiffs Evidentiary Objections (530) 879-4282 We noticed that you're using an AdBlocker. Email: ggwilliam@giccb.com Glendale Courthouse Petrey Wholesale, Inc.s notice of joinder in the motion to disqualify is GRANTED as timely. 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. Gilbert v. Natl Corp. for Housing Partnerships (1999) 71 Cal.App.4th 1240, 1258, citing Smith, Smith & Kring v. Super. RULING: The motion is deni ..first amended complaint (FAC) on December 19, 2018. 1 - 2: SUSTAINED. J. Gary Gwilliam (SBN. 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. KEEP AMERICA SAFE AND BEAUTIFUL, INC., a California non-profit corporation If oral argument is requested, it shall be heard at 8:30 a.m. in Department 43: Plaintiffs motion to disqualify counsel for defendants is denied. 3d 545]. SUPERIOR COURT OF CALIFORNIA Only a Party with an expectation of confidentiality can disqualify a lawyer. Earl Scheib, Inc. v. Super. Ruling on Request for Judicial Notice Defendant. (Lira, I) Download PDF Disclaimer: Justia Dockets & Filings provides public litigation Post Office Box 992570 Tentative Ruling #233152 James Scafide /Tyler Sprague of Scafide law Firm, PC for plaintiff (California Rules of Court, Rule 3.1110.) 22 Randall B. Conduct, rule 1.9, comments 1 [citing Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811] & 3.) Oakland, CA 94607 2. Co. (2003) 111 Cal.App.4th 698, 711. (3) A party to a civil action making that motion under this section shall serve notice on all parties no later than five days after making the motion. Usury James Li and his firm 4 LiLaw, Inc. (together, Li) represented Epic. 04/03/2023 motion-to-disqualify-counsel; Motion to Disqualify Counsel . 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. (Lead Case; Consolidated Action), Jeffrey Mitchell vs Stratus Media Group Inc et al, CLEVE PELL VS THE MONTEBELLO UNIFIED SCHOOL DISTRICT ET AL. Judge Colleen K. Sterne of Corp. v. SpeeDee Oil Change Systems, Inc. (SpeeDee) (1999) 20 Cal.4th 1135, 114546. This occurs, for example, if the matters involve the same transaction or legal dispute; or if the lawyer normally would have obtained confidential information, and the lawyer would be expected to use or disclose that information in the subsequent representation because it is material to the subsequent representation. CASE NUMBER: The plaintiff was represented by counsel who had previously worked as an Assistant United States Attorney (AUSA). (2) Cross-Defendant W.L. Plaintiff, Marcy of Corp. v. SpeeDee Oil Change Systems, Inc. (SpeeDee) (1999) 20 Cal.4th 1135, 114546. 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. 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. She is a co-vice chair and founding member of the Ethics Committee of the California Lawyers Association. Please wait a moment while we load this page. Accessing Verdicts requires a change to your plan. Jeffrey E. Mitchell v. Stratus Media Group, Inc., et al. Mary Evelyn House 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 plaintiffs counsels prior employment by the defendant; and (2) plaintiffs counsels improper receipt of information, procured by communicating with defendants managing agent in an alleged violation of the no contact rule. H. F. Ahmanson & Co. v. Salomon Brothers, Inc. (1991) 229 Cal.App.3d 1445, 1454. MoFo for approximately 13 years (October 1997 December 2010) as an associate and partner. Brent A. Robinson Protection of the attorney-client privilege is not the only ground for a motion to disqualify an attorney. Kennedy v. Eldridge (2011) 201 Cal. Party: Defendants The Montebello Unified School District and The Montebello Unified School District Board of Education 2 remanuel@emanuel.law at 1359. 253804) The paramount concern must be to preserve public trust in the scrupulous administration of justice and the integrity of the bar. Redwood City, CA 94063 South San Francisco, CA 94080, Superior Court of California Motions to disqualify counsel present competing policy considerations. 392 and consolidated case, 400 County Center, 1st Floor, Room A Redwood City, CA 94063 Ct. (2008) 158 Cal.App.4th 1697, 1711. CV1810311PADFMX, 2020 WL 2374947 (C.D. 1370707 Noe Quijada Araik Ovoian et al SHAO PING WANG, an Individual and as trustee In the context of CCP 170.6, the motion would state that a judge should be removed because they are biased. 168363) 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? 111 North Hill Street, Los Angeles, CA 90012 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. On February 19, 2019, Defendant filed a cross-complaint, asserting causes of action against Plaintiffs for: SUPERIOR COURT OF SAN MATEO COUNTY DEFENDANT: Box 5000, Fullerton, CA 92838 West 8141 13thStreet, Westminster, CA 92683 Instead, the substantial relationship test controls. L 42/15/2022 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. Ct. (1997) 60 Cal.App.4th 473, 577-582. 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. Finance Lenders Law PLAINTIFF: at 1145. (SBN 125180) Whether an attorney should be disqualified is a matter addressed to the sound discretion of the trial court. ROFESSIONAL CORPORAT ION She frequently lectures throughout the state on attorney ethics. If you wish to keep the information in your envelope between pages, Moving Party: Plaintiff Cleve Pell more analytics for Manuel Bustamante, Jr. Motion to Tax Costs; Filed by: David Dwyer (Plaintiff), COMMON COUNTS/OPEN BOOK ACCOUNT/COLLECTIONS, COMPLAINT (TRANSACTION ID # 2, ON DECK CAPITAL, INC., VS. MICHAEL MIRANDA ET AL, Declaration Next HRG 4/11/23 - Declaration of John Beall in Support of Pla, more analytics for Patrick R. McKinney II. Ct. (1967) 253 Cal.App.2d 703, 707. WebTherefore, Law Firm was automatically disqualified under California law. BACKGROUND Conversion Dept. TCM SUPPLY CORPORATION, a California Stock Corporation, et al. RWJ ADVANCED MARKETING, LLC ET AL. 400 County Center 1050 Mission Road 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. App. , Reserved for Clerks File Stamp Case: Jeffrey E. Mitchell v. Stratus Media Group, Inc., et al., WebFiling 305 ORDER ON MOTION TO DISQUALIFY PLAINTIFFS' COUNSEL 294 signed by District Judge Lawrence J. O'Neill on October 13, 2010. It is a clear violation of that duty for an attorney to assume a position adverse or antagonistic to the client without the latters free and intelligent consent, given with full knowledge of all the facts and circumstances. Gilbert v. Natl Corp. for Hous. more analytics for Wilfred J Schneider, Jr. Motion to Disqualify Counsel - Motion to Disqualify Counsel, SOUTH GATE PACK N SHIP, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY VS LIB, Motion to Disqualify Counsel - MOTION TO DISQUALIFY COUNSEL AMENDED. 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. 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. (Defendants Ex Parte Application to Continue Trial, p. 2:18-19; Skvarna Declaration.) 1 - 2: SUSTAINED. Preliminary Matters If oral argument is requested, it shall be heard at 8:30 a.m. in Department 43: (Comden v. Superior Court (1978) 20 Cal.3d 906, 915; SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1145.) 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 Judge Colleen K. Sterne WebA California Rules of Professional Conduct recusal or disqualification is appropriate where there exists a "substantial relationship" between the former and current representations, so as to create at least a potential breach of confidence. 391 [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. Erik Mesa Albarran et al Unjust Enrichment for THE SHAO PING WANG REVOCABLE LIVING TRUST, ET AL. 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. 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