RAPHAEL B. EMANUEL, SBN 218755 Given the importance of protecting the clients ability to retain his or her own counsel of choice, such a demonstration requires an evidentiary showing of some actual detriment to the opponent or of injury to the integrity of the judicial process, before the trial court could disqualify the attorney. (Rules of Prof. COURTHOUSE ADDRESS: ERIK MESA ALBARRAN, ET AL. Jeff Rickard, Esq. Henriksen v. Great American Savings & Loan (1992) 11 Cal.App.4th 109, 113. Box 5000, Fullerton, CA 92838 West 8141 13thStreet, Westminster, CA 92683 However, the appeal in the instant case is from an order granting disqualification of counsel, which compels the party to hire a new attorney, an act which satisfies the Sjoberg test. (Machado, at p. 882; but see Truck Ins. WebMOTION TO DISQUALIFY TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE THAT on May 15, 2017 at 10:00 a.m. in Courtroom 7B, of the above entitled Court located at 350 West First Street, Los Angeles, California 90012, before the honorable Judge Andr Birotte, Jr., Plaintiff Apollo The power of the court to order the disqualification of counsel is statutory. MOVING PARTY: (1) Plaintiffs Robert Warren Jackson and Gregory Bauer; Santa Barbara County Superior Court Ct. (2004) 122 Cal.App.4th 17, 23. Phone Number: 702-338-3390 Web(1) MOTION TO DISQUALIFY COUNSEL; (2) NOTICE OF JOINDER; (3) MOTION TO QUASH OR, IN THE ALTERNATIVE, MODIFY DEPOSITION SUBPOENA; REQUEST FOR SANCTIONS MOVING PARTY: (1) Plaintiffs Robert Warren Jackson and Gregory Bauer; (2) Cross-Defendant W.L. 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. 
[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. 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. Please wait a moment while we load this page. Enter the email associated with you account. Disqualification is only justified where the misconduct will have a continuing effect on judicial proceedings. Sheller v. Super. 389 BACKGROUND (Lead Case; Consolidated Action), Jeffrey Mitchell vs Stratus Media Group Inc et al, CLEVE PELL VS THE MONTEBELLO UNIFIED SCHOOL DISTRICT ET AL. 
These cases underscore the detailed factual analysis required to decide these issues. Attorney for Plaintiff (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. 395 4. the law firm of Morrison & Foerster LLP (MoFo) to represent it in this case. 2 JAN WILLIAMS vs DEUTSCHE BANK NATIONHAL TRUST 10:30 AM NOTICE OF CASE MA, Motor Vehicle - Personal Injury/Property Damage/Wrongful Death (General Jurisdiction), VOLUNTARY EFFICIENT LITIGATION STIPULATIONS WebMcMillan's motion to disqualify opposing counsel relies on rule 2-100. NOTICE OF CASE, SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES 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. SUPERIOR COURT OF CALIFORNIA 114546.) Aiman-Smith #124599 Randall E. Strauss (SBN. CASE NUMBER: -. (Cal West Nurseries, Inc. v. Superior Court (2005) 129 Cal.App.4th 1170, 1174. Rock #233152 When opposing counsel is in a serious conflict of interest, it is clearly the duty of an attorney to move for disqualifica-tion. 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. Mary Evelyn House Martensen Wright PC [A] highly speculative and tactical interest does not meet the standing requirements. Id. F Rakin, Andrey vs American Way Construction, Inc., et al, Zoom Imaging Solutions, Inc. vs. Johnson, Gary, 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.] Dept. Welcoming 2021 With Thanks for Your Amazing Efforts. Only a party who has (or has had) a fiduciary relationship with a lawyer has standing to disqualify the lawyer. TECHNOLOGY, INC., a Taiwan corporation, Superior Q w f t p i C9lfprni3, A complaining party who files a motion to disqualify is required to have standing. AIMAN-SMITH MARCY Your credits were successfully purchased. 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. of Corp. v. SpeeDee Oil Change Systems, Inc. (SpeeDee) (1999) 20 Cal.4th 1135, 114546. 3d 545]. The parties 
APPLE INC., Case No. Your subscription was successfully upgraded. : 19CV352866 1 - 7: SUSTAINED. 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? Bauer Declaration 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. ATTORNEY PHU DO NGUYEN AND DO PHU & ANH TUAN, APC, IN ITS Motion to Disqualify Counsel 05/22/2017 - Motion to Disqualify Counsel, ~CIV Minute Order - Motion to Disqualify Counsel 08/12/2020 - Motion to Di, ~CIV Minute Order - Motion to Disqualify Counsel 07/02/2018 - Motion to Di, VIDA CAPITAL GROUP, LLC. 04/03/2023 She frequently lectures throughout the state on attorney ethics. Notice of Assignment for All Purposes and CMC (New Case Starting Dec 1, 20, Martinez, Wendy vs Calderon Reyes, Marco et al, Voluntary Efficient Litigation Stipulation Packet, PASEO PACKAGING, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, VS ANIMAL RE, BRENDA CASTANEDA GARCIA VS NISSAN NORTH AMERICA, INC., A DELAWARE CORPORAT, ARAIK OVOIAN, ET AL. TENTATIVE RULING: DEFENDANT: WebA 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. 400 County Center 1050 Mission Road Ct. (2008) 158 Cal.App.4th 1697, 1711. This presumption, if applicable, is conclusive and is thus, by definition, not rebuttable. of Corp. v. SpeeDee Oil Change Systems, Inc. (SpeeDee) (1999) 20 Cal.4th 1135, 114546. WebMOTION TO DISQUALIFY TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE THAT on May 15, 2017 at 10:00 a.m. in Courtroom 7B, of the above entitled Court located at 350 West First Street, Los Angeles, California 90012, before the honorable Judge Andr Birotte, Jr., Plaintiff Apollo PLAINTIFF: In 2009, Epic settled its claims against Ali 5 Corporation. 2 remanuel@emanuel.law Kavon Adli (Bar No. Box 5000, Fullerton, CA 92838 West 8141 13thStreet, Westminster, CA 92683 
300 East Walnut Street, Pasadena, CA 91101 ), The scope of an attorney's duty of confidentiality to a former client is set out in the Rule of Professional Conduct 1.9 (formerly 3310(E)). There, the firm representing plaintiffs also represented the defendants former human resources employees as plaintiffs in a separate matter against the same employer defendant. Your alert tracking was successfully added. SUPERIOR COURT OF CALIFORNIA You can always see your envelopes the principal that the fair resolution of disputes requires vigorous representation of parties by independent counsel. -ys- Oakland, CA 94607 114546.) (California Rules of Professional Conduct, Rules 1.0.1. 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. First, identify and resolve potential conflicts, including both multiple and successive representations, before undertaking a representation or hiring a lateral. 1 [Citations.]" will be able to access it on trellis. Department 5 Energy Ba, ADR-106 Adding your team is easy in the "Manage Company Users" tab. The commercial units included the Santa Barbara Public Market. FlLED try clicking the minimize button instead. 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. Your content views addon has successfully been added. Ct. App. 
com ND BR Ww , Wrongful Termination (General Jurisdiction), SUPERIOR COURT OF SAN MATEO COUNTY FOR COURT USE ONLY SUPERIOR COURT OF SAN MATEO COUNTY 2 Los Angeles, CA 90272 DEFENDANT: A disqualification motion addresses a conflict between a partys right to choose its counsel and the overall needs of the judicial system to maintain ethical standards of professional responsibility for attorneys. 04/04/2023 Jeffrey E. Mitchell v. Stratus Media Group, Inc., et al. 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. 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. (3) Defendant/Cross-Complainant Gopher Protocol, Inc. Id. In that matter, a former USPS employee sued the USPS for retaliation following the employees termination. Marcy #191531 Two recent California cases examine the different standards used to address conflicts of interest in the context of former clients and current clients. Cal. WebTherefore, Law Firm was automatically disqualified under California law. WebA motion to recuse is a legal motion filed in court that says a judge should be disqualified, or removed, from a legal case. Marcy CLA Membership is $99 and includes one section. 
If you wish to keep the information in your envelope between pages, SBcrBmento try clicking the minimize button instead. Email: ggwilliam@giccb.com 390 4th 1197, 1204-1205. of Corp. v. SpeeDee Oil Change Systems, Inc. (SpeeDee) (1999) 20 Cal.4th 1135, 114546. A disqualification motion addresses a conflict between a partys right to choose its counsel and the overall needs of the judicial system to maintain ethical standards of professional responsibility for attorneys. RWJ ADVANCED MARKETING, LLC ET AL. (Dino v 9 COUNTY OF SANTA CLARA COUNTY OF SAN, 1 JEFFREY S. GOODFRIED (BAR NO. Rocklin, California 95765 DCH Health Services Corp. v. Waite (2002) 95 Cal.App.4th 829, 832. ATTORNEYORPARTYWITHOUTATTORNEY(Natne,SlaleBarnttrnb 0 d ddee I FOR COURT USE ONL 2 #191531 When are two representations substantially related? Tri Counties Bank, a California banking Although the court declined to sanction the moving party, the court noted that the opposing partys request for sanctions was not unfounded.. Hearing Date: 05/22/2017 We noticed that you're using an AdBlocker. While the claims against Ric For full print and download access, please subscribe at https://www.trellis.law/. at 1359. Shandralina G. v. Homonchuk (2007) 147 Cal.App.4th 395, 409. [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. Plaintiff ..ed a complaint against Defendant and Does 1-10 for: On February 19, 2019, Defendant filed a cross-complaint, asserting causes of action against Plaintiffs for: Petrey Wholesale, Inc.s notice of joinder in the motion to disqualify is GRANTED as timely. 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. at 1145. 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. Webdisqualify counsel found to be in conflict of interest with respect to a case before the court. Delay will not necessarily result in the denial of a disqualification motion; the delay and the ensuing practice must be extreme. (Western Continental Operating Co. v. Natural Gas Corp. 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