First, there must be a substantial relationship between the former representation and the current representation. Please wait a moment while we load this page. In 2009, Epic settled its claims against Ali 5 Corporation. You will lose the information in your envelope, Cal. Motion to Disqualify Counsel In that matter, a former USPS employee sued the USPS for retaliation following the employees termination. and consolidated case, at 1359. (Lira, I) Download PDF. The record on that motion included a declaration in support of the motion detailing facts about Attorney Spitzer's role as trial counsel in the Ranch Your subscription was successfully upgraded. the matters involved in both representations are substantially related, and . 1 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. Discussion 1. 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.. 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. 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. Only a party who has (or has had) a fiduciary relationship with a lawyer has standing to disqualify the lawyer. Sharon C. Collier 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. The plaintiffs counsel, Downtown Los Angeles Law Group attorney, Anthony Werbin, had previously done defense work for Costco. Ct. (2004) 122 Cal.App.4th 17, 23. the principal that the fair resolution of disputes requires vigorous representation of parties by independent counsel. "[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 . H. F. Ahmanson & Co. v. Salomon Brothers, Inc. (1991) 229 Cal.App.3d 1445, 1454. 2 First, there must be a substantial relationship between the former representation and the current representation. Defendants Motions to Compel Further Responses Accordingly, it is ORDERED that Plaintiff's Unopposed Motion to Disqualify Counsel, Christopher Jallo, from Trial (Dkt. 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. 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. Specifically, the court concluded that there was no direct adversity as between the two sets of plaintiffs and that, moreover, the affected clients confirmed that they had in effect given their informed written consent to concurrent representation., Finally, the court rejected disqualification based on plaintiffs counsels receipt of privileged emails, noting that counsel had not misused, and would not likely misuse, its knowledge of the privileged communications to gain an unfair advantage., In both Kinchen and Fregoso, the court denied disqualification. Motion to Disqualify Counsel If you wish to keep the information in your envelope between pages, Accessing Verdicts requires a change to your plan. 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. 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: 12 YI-CHING PAO, an individual, 13 Plaintiff, TENTATIVE RULING RE: MOTION TO DISQUALIFY 14 vs. Cal. the interests of the present client and former client are materially adverse. 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. 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. You can always see your envelopes Proc. Two recent California cases examine the different standards used to address conflicts of interest in the context of former clients and current clients. 16 and SHYH-CHYI WONG, an individual, and the principal that the fair resolution of disputes requires vigorous representation of parties by independent counsel. ANALYSIS more or view all topics or full text. There are consolidated actions asserting claims of securities violations with respect to corporate stock. 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. 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. BC604281 ORLANDO CORDON v EUGENE N. SUN 7 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). 10 (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? 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. 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. Sharon Collier prevailed on a motion to disqualify on behalf of client Costco. Protection of the attorney-client privilege is not the only ground for a motion to disqualify an attorney. Kennedy v. Eldridge (2011) 201 Cal. 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. The moving party must serve the aforementioned forms on the client and all other parties who have appeared in the case. What are the consequences of counsel failing to give counsel a reason for their failure to comply with a motion of motion? This presumption, if applicable, is conclusive and is thus, by definition, not rebuttable. We have notified your account executive who will contact you shortly. Ct. (2004) 122 Cal.App.4th 17, 23. Adding your team is easy in the "Manage Company Users" tab. These cases underscore the detailed factual analysis required to decide these issues. There are consolidated actions asserting claims of securities violations with respect to corporate stock. Great Lakes Construction, Inc. v. Burman (2010) 186 Cal.App.4th 1347, 1355. The court has discretion to allow an attorney to withdraw, and such a motion should be granted provided that there is no prejudice to the client and it does not disrupt the orderly process of justice. Your alert tracking was successfully added. [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.] When is informed consent curative? Bauer Declaration On 1/19 mother filed additional declaration of mother. Protection of the attorney-client privilege is not the only ground for a motion to disqualify an attorney. Kennedy v. Eldridge (2011) 201 Cal. Moving Party: Plaintiff Cleve Pell Responses due by 7/25/2011. 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. 4th 1197, 1204-1205. H. F. Ahmanson & Co. v. Salomon Brothers, Inc. (1991) 229 Cal.App.3d 1445, 1454. 23 This action arises from a dispute over the settlement of an earlier lawsuit. must be directed to the client. Here, Plaintiff has brought the motion to recuse Mr. Silver under Code of Civil Procedure section 284. Nos. Shandralina G. v. Homonchuk (2007) 147 Cal.App.4th 395, 409. When are two representations substantially related? Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. 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. of Corp. v. SpeeDee Oil Change Systems, Inc. (SpeeDee) (1999) 20 Cal.4th 1135, 114546. Accessing Verdicts requires a change to your plan. Therefore, Sharon argued that his entire firm had a conflict of interest in prosecuting the case against Costco. Rptr. Plaintiff moves for a court order to substitute plaintiffs initial counsel of record in this litigation for replacement counsel that plaintiff has retained. Rptr. (2) Cross-Defendant W.L. Adams v. Aerojet General Corp. (2001) 86 Cal.App.4th 1324, 1331; In re Marriage of Zimmerman (1993) 16 Cal.App.4th 556, 563564. Adding your team is easy in the "Manage Company Users" tab. Your alert tracking was successfully added. 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. Motions to disqualify counsel present competing policy considerations. Exchange v. Fireman's Fund . 386 Order Granting Attorney's Motion to be Relieved as Counsel. Kinchen further highlights that a rule violation by itself will not necessarily require the sanction of disqualification. Therefore, Sharon argued that his entire firm had a conflict of interest in prosecuting the case against Costco. Party: Defendants The Montebello Unified School District and The Montebello Unified School District Board of Education Protection of the attorney-client privilege is not the only ground for a motion to disqualify an attorney. Kennedy v. Eldridge (2011) 201 Cal. ~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. USA Motion to Disqualify Defense Counsel, CR. and consolidated case, Discussion: BACKGROUND [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. Your subscription has successfully been upgraded. 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; 5 TENTATIVE RULING: RWJ ADVANCED MARKETING, LLC ET AL. Your credits were successfully purchased. Tentative Ruling try clicking the minimize button instead. Dept. etc), #9 (Tommy is demonstrating increasing maturity; subtle shifts occurring; thrust of efforts be shared; confidential, etc) James Scafide /Tyler Sprague of Scafide law Firm, PC for plaintiff This presumption, if applicable, is conclusive and is thus, by definition, not rebuttable. Motion to Disqualify Counsel January 9, 2012 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. California, 494 U.S. 1039 (1990) . (3) Defendant/Cross-Complainant Gopher Protocol, Inc. Is Attorney A out of luck and off the case? Ct. (1997) 60 Cal.App.4th 473, 577-582. 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. 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 8 [A] highly speculative and tactical interest does not meet the standing requirements. Id. We have notified your account executive who will contact you shortly. 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. Only a party who has (or has had) a fiduciary relationship with a lawyer has standing to disqualify the lawyer. Other Grounds Exist to Disqualify Counsel 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; of Corp. v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1145; Code Civ. Alternate trial counsel must make an appearance in this case on Defendant's behalf within thirty (30) days of this Order. The court has discretion to allow an attorney to withdraw, and such a motion should be granted provided that there is no prejudice to the client and it does not disrupt the orderly process of justice. This matter was last on calendar on 1/6/10. Gilbert v. Natl Corp. for Housing Partnerships (1999) 71 Cal.App.4th 1240, 1258, citing Smith, Smith & Kring v. Super. Nos. 12 YI-CHING PAO, an individual, 13 Plaintiff, TENTATIVE RULING RE: MOTION TO DISQUALIFY 14 vs. Nature of Proceedings: Motion: Disqualify Counsel filed by Alma Del Pueblo An attorney may be recused [u]pon the order of the court, upon the application of either client or attorney, after notice from one to the other. Code Civ. There are consolidated actions asserting claims of securities violations with respect to corporate stock. Henriksen v. Great American Savings & Loan (1992) 11 Cal.App.4th 109, 113. (2) NOTICE OF JOINDER; App.). (2) NOTICE OF JOINDER; 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. will be able to access it on trellis. 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