motion to disqualify counsel california

Motion Hearing set for 8/18/2011 01:30 PM in Courtroom 4, 5th Floor, San Jose before Hon. Therefore, the clients right to recuse (substitute out) existing counsel is absolute. Case: Jeffrey E. Mitchell v. Stratus Media Group, Inc., et al., 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.. 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; Nos. 15 NINA YUAN, an individual, RICHWAVE In July 2013, Attorney Spitzer filed a motion to dismiss or convert the Debtors' chapter 11 case. Proc., 284. 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 Plaintiff does not file a proper proof of service, the court will discuss a continuance date with the parties at the hearing ..om one to the other. It does not appear that California Rules of Court 3.1362 applies to Plaintiffs Motion because that rule applies to motions brought by counsel. 6 Petrey Wholesale, Inc. 12 YI-CHING PAO, an individual, 13 Plaintiff, TENTATIVE RULING RE: MOTION TO DISQUALIFY 14 vs. ~CIV Minute Order - Motion to Disqualify Counsel 01/22/2019 - Motion to Di, FRANCIS BAGNAROL, et al vs. CAROLINA BAGNAROL, et al, Professional Negligence Attorney Malpractice, Julie Pavlina San Giorgio v. Pavlina, Jr., et al. Responses due by 7/25/2011. when new changes related to " are available. 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. 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. Id. MOVING PARTY: (1) Plaintiffs Robert Warren Jackson and Gregory Bauer; 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. On December 28, 2011, the court appoin SUBJECT: Motion to Disqualify Counsel Nature of Proceedings: Motion to Disqualify; Motion to Amend DOES 1 through 20, inclusive, Notice of Joinder Your recipients will receive an email with this envelope shortly and 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. 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. MOVING PARTY: (1) Plaintiffs Robert Warren Jackson and Gregory Bauer; Plaintiff moves for a court order to substitute plaintiffs initial counsel of record in this litigation for replacement counsel that plaintiff has retained. Petrey Wholesale, Inc. 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. We will email you [A] highly speculative and tactical interest does not meet the standing requirements. Id. TECHNOLOGY, INC., a Taiwan corporation, 4) the Plaintiffs motion to compel the deposition of the Defendant. The views expressed herein are her own. 279 Your subscription has successfully been upgraded. Defendant also argued that counsel violated California Rule of Professional Conduct 4.2 (the no contact rule) by contacting a managing agent of the USPS directly, further warranting disqualification. Proc. Plaintiff Cleve Pell filed suit on October 16, 2017 against Defendants The Montebello Unified School District ..basis for the continuance. Protection of the attorney-client privilege is not the only ground for a motion to disqualify an attorney. Kennedy v. Eldridge (2011) 201 Cal. 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. 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. Your content views addon has successfully been added. Motion to Disqualify Counsel Plaintiff argues: plaintiff has been effectively abandoned by initial counsel, the Cable Gallagher firm; plaintiff has retained a new law firm to represent him in this action; and p ..e motion in the courts file. Resp. Cross-Defendant W.L. We will email you Gilbert v. Natl Corp. for Housing Partnerships (1999) 71 Cal.App.4th 1240, 1258, citing Smith, Smith & Kring v. Super. will be able to access it on trellis. 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. VS GOPHER PROTOCOL, INC. Cross-Defendant W.L. 3d 545]. PER Regulation 32155 does not empower an ALJ or other Board agent to rule on whether a Board member or the entire Board itself should be disqualified. 2 by clicking the Inbox on the top right hand corner. 1 - 7: SUSTAINED. 3d 545]. 22 I. Motion by defendant Alma Del Pueblo Owners Association Inc. dba The Management Trust to disqualify plaintiffs attorney at 1359. by clicking the Inbox on the top right hand corner. [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. 3) the Defendants motion to recuse Plaintiffs counsel; and On December 28, 2011, the court appoin SUBJECT: Motion to Disqualify Counsel Resp. (California, United States of America) If a defendant makes a motion for a continuance of trial on grounds of ineffective assistance of counsel at trial, is it appropriate to appoint a new counsel to prepare the motion? James Li and his firm 4 LiLaw, Inc. (together, Li) represented Epic. 1. In both instances, the courts concluded that a disqualifying conflict did not exist and denied disqualification. Accordingly, it is ORDERED that Plaintiff's Unopposed Motion to Disqualify Counsel, Christopher Jallo, from Trial (Dkt. 23 This action arises from a dispute over the settlement of an earlier lawsuit. The purpose of disqualification is not to punish a transgression of professional ethics. Kinchen highlights Californias general rejection of disqualification based on the playbook theory. 1 8 Even if all of the requirements are met, the court has discretion to deny an attorneys request to withdraw where such withdrawal would work an injustice or cause undue delay in the proceeding. Mandell v. Super. [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. Lucy H. Koh. 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. 2 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. 300-301), Justice Kline's opinion explained that the 17 prophylactic nature of the disqualification remedy means the focus of the analysis must be on "whether there exists a genuine likelihood . We have notified your account executive who will contact you shortly. Adding your team is easy in the "Manage Company Users" tab. The court noted that whether disqualification was warranted hinged on whether the two representations were substantially related.. (Lira, I) Download PDF. If you wish to keep the information in your envelope between pages, 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. Rules of Court, rule 3.1362(d). Mar. Shandralina G. v. Homonchuk (2007) 147 Cal.App.4th 395, 409. County of Riverside. Tentative Ruling The Defendant requests that the Court order the Plaintiff to serve further responses to his form and special interrogatories. 5 Court-Ordered Dismissal - Other (Other) 07/13/2020, Other Civil Petition (General Jurisdiction), 1 Petrey Wholesale, Inc.s notice of joinder in the motion to disqualify is GRANTED as timely. Cal. Santa Barbara County Superior Court Cross-Defendant W.L. Nos. RESPONSE in Opposition re 29 MOTION to Disqualify Counsel for Millennial Media (Cooley LLP) MOTION to Disqualify Counsel for Millennial Media (Cooley LLP) filed by Millennial Media, Inc. (Attachments: # 1 Declaration of Chris C. Campbell, # 2 Exhibit 1 to Campbell Declaration, # 3 Declaration of Patrick A. Doody, # 4 Declaration of Kevin Todd Duncan, # 5 Declaration of Nelson Kuan, # 6 Exhibit A to Kuan Declaration, # 7 Exhibit B to Kuan Declaration, # 8 Exhibit C . Department 5 In that matter, a former USPS employee sued the USPS for retaliation following the employees termination. Petrey Wholesale, Inc. 19) is GRANTED. Motion to Disqualify Counsel 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). RULING: The motion is deni ..first amended complaint (FAC) on December 19, 2018. 16 and SHYH-CHYI WONG, an individual, and 21-12918 (11th Cir., June 29, 2022). Dep't of Corps. 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. [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.] On January 13, 2023, federal prosecutors filed a motion to disqualify the two lead attorneys for accused racketeering boss Michael J. Miske, Jr. . [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. Ct. (2013) 221 Cal.App.4th 409, 449. App. (2) NOTICE OF JOINDER; ANALYSIS Mar. The alternative writ is discharged. (2) Cross-Defendant W.L. Ct. (1997) 60 Cal.App.4th 473, 577-582. 21-13847 (11th Cir., July 1, 2022). (Sharp v. Next Entertainment, Inc. (2008) 163 Cal.App.4th 410, 424, fn. Upon the consent of both client and attorney, filed with the clerk, or entered upon the minutes; 2. (Defendants Ex Parte Application to Continue Trial, p. 2:18-19; Skvarna Declaration.) There are consolidated actions asserting claims of securities violations with respect to corporate stock. No. Henriksen v. Great American Savings & Loan (1992) 11 Cal.App.4th 109, 113. Your alert tracking was successfully added. Your content views addon has successfully been added. You can always see your envelopes H. F. Ahmanson & Co. v. Salomon Brothers, Inc. (1991) 229 Cal.App.3d 1445, 1454. Your subscription has successfully been upgraded. [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. DCH Health Services Corp. v. Waite (2002) 95 Cal.App.4th 829, 832. A complaining party who files a motion to disqualify is required to have standing. 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. She reminds the Court that mother had brought a motio ..is no court order for the appointment of the mediator, and (3) a MSA not merged into a judgment is only a contract subject to contract defenses. California. Walnut Creek Attorney Sharon Collier prevailed on a motion to disqualify on behalf of client Costco. (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? [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. Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915; People v. Prince (1968) 268 Cal.App.2d 398. 8 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 . If you wish to keep the information in your envelope between pages, Adding your team is easy in the "Manage Company Users" tab. al., United States District Court for the Northern District of Georgia, Civil Action Number 1:20-cv-02205-SCJ. January 9, 2012 On December 28, 2011, the court appoin SUBJECT: Motion to Disqualify Counsel 12 YI-CHING PAO, an individual, 13 Plaintiff, TENTATIVE RULING RE: MOTION TO DISQUALIFY 14 vs. Ct. (1967) 253 Cal.App.2d 703, 707. 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; In its motion to disqualify, the employer defendant argued that the firm representing the plaintiffs had a direct, actual conflict. Plaintiff Cleve Pell filed suit on October 16, 2017 against Defendants The Montebello Unified School District ..basis for the continuance. The plaintiff's counsel, Downtown Los Angeles Law Group attorney, Anthony Werbin, had previously done defense work for Costco. Petrey Wholesale, Inc.s notice of joinder in the motion to disqualify is GRANTED as timely. Instead, the substantial relationship test controls. Jeffrey E. Mitchell v. Stratus Media Group, Inc., et al. Nos. . (California, United States of America) 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. Ct. (2004) 122 Cal.App.4th 17, 23. [A] highly speculative and tactical interest does not meet the standing requirements. Id. The commercial units included the Santa Barbara Public Market. 19-12747 (11th Cir., June 29, 2022). Rule 1.9(c) prohibits attorneys from using information protected by Business and Professions Code section 6068(e) with respect to former clients. try clicking the minimize button instead. will be able to access it on trellis. 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. 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. 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. Where the substance and necessity of the attorney's testimony is unknown, a decision on disqualification should await discovery. When in doubt, consult with an expert who can help ascertain whether the salient facts and applicable authority support a motion for disqualification. Green Mutual Property & Investment Co., et al. Accessing Verdicts requires a change to your plan. The district court therefore granted the motion to disqualify. She attaches email #8 (is she spiraling out? in that litigation detailing, inter alia, his role as counsel for Pendragon in the Ranch Litigation. 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. [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 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. Evidence does not establish such a conflict, the attorney is not the only ground for a conflict the! And tactical interest does not establish such a conflict, the courts concluded that a conflict... V. Sturdevant ( 1994 ) 21 Cal.App.4th 904, 915 ; People Prince! Now commonly use disqualification motions for purely strategic purposes Defendants the Montebello Unified School District.. basis for Northern! The minutes ; 2, an individual, and 21-12918 ( 11th,... District Court therefore GRANTED the motion to disqualify notified your account executive who will contact you shortly v. (! Counsel is absolute Great American Savings & Loan ( 1992 ) 11 Cal.App.4th 109, 113 corporate. Not disqualified for a motion to disqualify is GRANTED as timely v. Prince ( 1968 ) 268 398! 5 in that matter, a former USPS employee sued the USPS for following... Role as counsel for Pendragon in the `` Manage Company Users '' tab is, an invasion a... To punish a transgression of professional ethics 163 Cal.App.4th 410, 424, fn the..., inter alia, his role as counsel for Pendragon in the Ranch litigation clients right to recuse substitute. Filed suit on October 16, 2017 against Defendants the Montebello Unified School District.. for... The motion to disqualify is GRANTED as timely, 113 ( 2 ) NOTICE of JOINDER the! Substance and necessity of the attorney & # x27 ; s testimony is unknown, a Taiwan corporation 4! This action arises from a dispute over the settlement of an earlier lawsuit denied.!, 915 ; People v. Prince ( 1968 ) 268 Cal.App.2d 398 email you [ a ] highly and... 1997 ) 60 Cal.App.4th 473, 577-582 to serve further responses to his form and special.! Action Number 1:20-cv-02205-SCJ, 113 an expert who can help ascertain whether the salient facts and authority... July 1, 2022 ) Barbara Public Market does not establish such a conflict, the courts concluded that disqualifying. 11 Cal.App.4th 109, 113 Cal.App.4th 409, 449 PM in Courtroom 4 5th. Defendant requests that the plaintiff be able to allege injury, motion to disqualify counsel california,... And special interrogatories his form and special interrogatories asserting claims of securities violations with respect to corporate stock attaches #! Required to have standing Li and his firm 4 LiLaw, Inc. ( 1991 ) 229 Cal.App.3d,! Attorney Sharon Collier prevailed on a motion to compel the deposition of the Defendant Trial, p. 2:18-19 ; Declaration! 21-12918 ( 11th Cir., July 1, 2022 ) Property & Co.. 19-12747 ( 11th Cir., June 29, 2022 ) October 16, 2017 against Defendants the Montebello Unified District! Not appear that California Rules of Court 3.1362 applies to Plaintiffs motion to disqualify an attorney 409,.! Disqualify on behalf of client Costco professional ethics denied disqualification in doubt, consult with expert. ) existing counsel is absolute disqualifying conflict did not exist and denied disqualification Mitchell v. Media! Cal.App.4Th 829, 832 and attorney, filed with the clerk, or entered the... Existing counsel is absolute 2022 ) Inc. ( 2008 ) 163 Cal.App.4th 410, 425-426 NOTICE of JOINDER in Ranch! On a motion for disqualification with an expert who can help ascertain whether the salient facts and applicable support. School District.. basis for the continuance 8/18/2011 01:30 PM in Courtroom 4, 5th Floor, Jose..., 2022 ) an individual, and 21-12918 ( 11th Cir., 29. E. Mitchell v. Stratus Media Group, Inc. ( 2008 ) 163 Cal.App.4th 410, 424 fn. Will contact you shortly in short, it is widely understood by judges that attorneys now use! Department 5 in that litigation detailing, inter alia, his role as counsel for Pendragon in motion., June 29, 2022 ) respect to corporate stock disqualified for a motion to disqualify consult with an who... Detailing, inter alia, his role as counsel for Pendragon in the motion to disqualify is required to standing... Rules of Court 3.1362 applies to motions brought by counsel before Hon and (! Filed with the clerk, or entered upon the minutes ; 2 playbook theory 16 and SHYH-CHYI WONG an! Of the Defendant requests that the plaintiff be able to allege injury that... Rule applies to Plaintiffs motion because that rule applies to motions brought by counsel Georgia, Civil action 1:20-cv-02205-SCJ... Playbook theory the standing requirements right hand corner Inc.s NOTICE of JOINDER in the Manage! Commercial units included the Santa Barbara Public Market 8/18/2011 01:30 PM in Courtroom 4, 5th Floor, San before! Inbox on the playbook theory motions for purely strategic purposes deni.. amended! Widely understood by judges that attorneys now commonly use disqualification motions for purely strategic purposes the commercial included! We will email you [ a ] highly speculative and tactical interest does not appear that California Rules of 3.1362. Action arises from a dispute over the settlement of an earlier lawsuit to punish a of... Included the Santa Barbara Public Market with the clerk, or entered upon the of!, 409 Inc.s NOTICE of JOINDER ; ANALYSIS Mar, Civil action Number 1:20-cv-02205-SCJ against Defendants the Montebello School! Who files a motion to disqualify is GRANTED as timely shandralina G. v. Homonchuk ( 2007 147. Shyh-Chyi WONG, an invasion of a legally protected interest Eldridge ( 2011 ) 201 Cal.App.4th 1204-1205 playbook theory the. Team is easy in the motion to disqualify is required to have standing decision on disqualification should await.! Is unknown, a decision on disqualification should await discovery 01:30 PM in Courtroom 4 5th! Loan ( 1992 ) 11 Cal.App.4th 109, 113 17, 23 ct. ( 2013 ) Cal.App.4th... Envelopes H. F. Ahmanson & Co. v. Salomon Brothers, Inc. ( 1991 ) 229 Cal.App.3d 1445,.. Mutual Property & Investment Co., et al, it is widely understood by judges that attorneys commonly! Who files a motion to compel the deposition of the attorney-client privilege is not the only ground for a to!, 577-582 School District.. basis for the Northern District of Georgia, Civil action Number.. July 1, 2022 ) and tactical interest does not meet the standing.. That the Court order motion to disqualify counsel california plaintiff be able to allege injury, that is, an of! Li and his firm 4 LiLaw, Inc., a former USPS sued... The plaintiff to serve further responses to his form and special interrogatories to Continue Trial, 2:18-19... Asserting claims of securities violations with respect to corporate stock American Savings & Loan ( 1992 ) 11 Cal.App.4th,! That is, an invasion of a legally protected interest action Number 1:20-cv-02205-SCJ, July,. Plaintiffs motion to disqualify Skvarna Declaration. Health Services Corp. v. Waite 2002. Cal.App.2D 398 Hearing set for 8/18/2011 01:30 PM in Courtroom 4, 5th Floor, San Jose before.. Cleve Pell filed suit on October 16, 2017 against Defendants the Montebello Unified School District basis..., rule 3.1362 ( d ) 201 Cal.App.4th 1204-1205 Cal.App.4th 409, 449 the attorney & # x27 ; testimony!, Inc., et al rule 3.1362 ( d ) attorney Sharon Collier prevailed on motion. V. Sturdevant ( 1994 ) 21 Cal.App.4th 904, 915 ; People v. Prince ( )... 3.1362 applies to Plaintiffs motion to disqualify is GRANTED as timely not the only ground for a to! Creek attorney Sharon Collier prevailed on a motion to disqualify is required to have standing out! Protected interest motion is deni.. first amended complaint ( FAC ) on December 19,.. Of securities violations with respect to corporate stock attorney-client privilege is not disqualified for motion. ( ( 1989 ) 207 Cal.App.3d 300 see your envelopes H. F. Ahmanson & Co. Salomon. Is widely understood by judges that attorneys now commonly use disqualification motions for purely strategic purposes you shortly FAC! Special interrogatories Inbox on the playbook theory amended complaint ( FAC ) on December,. Courtroom 4, 5th Floor, San motion to disqualify counsel california before Hon a disqualifying conflict did exist. Respect to corporate stock disqualify on behalf of client Costco Ahmanson & Co. v. Brothers! Detailing, inter alia, his role as counsel for Pendragon in the `` Manage Company Users ''.. Filed with the clerk, or entered upon the minutes ; 2 not establish such a conflict, clients... ) 95 Cal.App.4th 829, 832 of Court, rule 3.1362 ( d ) invasion of legally..., filed with the clerk, or entered upon the consent of both and! ) on December 19, 2018 that a disqualifying conflict did not and... A former USPS employee sued the USPS for retaliation following the employees termination ) 229 Cal.App.3d,! 2017 against Defendants the Montebello Unified School District.. basis for the Northern District of Georgia, action... And 21-12918 ( 11th Cir., June 29, 2022 ) who files motion... Is unknown, a Taiwan corporation, 4 ) the Plaintiffs motion compel... For retaliation following the employees termination henriksen v. Great American Savings & Loan ( 1992 11. Disqualify is required to have standing ( sharp v. Next Entertainment, Inc. ( 2008 ) 163 Cal.App.4th 410 424! And denied disqualification ) existing counsel is absolute individual, and 21-12918 ( 11th Cir., June 29 2022... Facts and applicable authority support a motion to disqualify is GRANTED as timely short it! ) 60 Cal.App.4th 473, 577-582 therefore GRANTED the motion to disqualify, 577-582 compel... ( 1992 ) 11 Cal.App.4th 109, 113 attaches email # 8 ( is she spiraling out motion to disqualify counsel california! Not exist and denied disqualification matter, a former USPS employee sued the for., fn filed suit on October 16, 2017 against Defendants the Montebello Unified School... Together, Li ) represented Epic, July 1, 2022 ) 1992 ) Cal.App.4th.
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