Bank v. Adams (2002) 96 Cal.App.4th 315, 327. VS GOPHER PROTOCOL, INC. 42 MARCH 2009 CALIFORNIA LAWYER trade secrets and unfair competition. Mar. 10 al., United States District Court for the Northern District of Georgia, Civil Action Number 1:20-cv-02205-SCJ. Case: Jeffrey E. Mitchell v. Stratus Media Group, Inc., et al., 2 1 - 2: SUSTAINED. Motions to disqualify counsel present competing policy considerations. Is Attorney A out of luck and off the case? Henriksen v. Great American Savings & Loan (1992) 11 Cal.App.4th 109, 113. Resp. 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 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. The commercial units included the Santa Barbara Public Market. 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. Judge Colleen K. Sterne 1 January 9, 2012 An order denying a motion to disqualify counsel does not require anyone to do anything. 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 . Dept. On 1/19 mother filed additional declaration of mother. 4 (Lead Case; Consolidated Action), Jeffrey Mitchell vs Stratus Media Group Inc et al, CLEVE PELL VS THE MONTEBELLO UNIFIED SCHOOL DISTRICT ET AL. After an evidentiary hearing, an administrative law judge below dismissed a failure, FMG Attorneys Philip Savrin and Shawn Bingham Obtain Eleventh Circuit win a landmark case involving insurance coverage for lost business income due to COVID-19, Henrys Louisiana Grill, Inc. v. Allied Insurance Company of America, 35 F.4th 1318 (11th Cir. Therefore, Sharon argued that his entire firm had a conflict of interest in prosecuting the case against Costco. Rules of Court, rule 3.1362(d). Nos. Your recipients will receive an email with this envelope shortly and San Francisco Walnut Creek, CA | San Francisco Downtown, CA, Dismissal of a Petition for Writ of Certiorari, FMG Attorneys Amy Cowan and Nicolas Bohorquez obtained the dismissal of a complaint for writ of mandamus on behalf of the City Council of Peachtree City (City Council) in Fayette County Superior Court. CV1810311PADFMX, 2020 WL 2374947 (C.D. [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. ATTORNEYS: 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. 114546.) Proc., 284. Bauer Declaration In both instances, the courts concluded that a disqualifying conflict did not exist and denied disqualification. 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). Adams v. Aerojet General Corp. (2001) 86 Cal.App.4th 1324, 1331; In re Marriage of Zimmerman (1993) 16 Cal.App.4th 556, 563564. 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. Ct. (1967) 253 Cal.App.2d 703, 707. RICHARD M. WEAVER AND JUNE M. WEAVER VS AMALIA, INC. ~CIV Minute Order - Motion to Disqualify Counsel, CYNTHIA HOLLOWAY VS. GILEAD SCIENCES, ET AL, 6/14/2016 Minute Order: Motion to Disqualify Counsel - Motion to Disqualif, PLASKETT VS DRESSER SERVICES, INC. A CALIFORNIA CORPORATION, ~CIV Minute Order - Motion to Disqualify Counsel 01/18/2018 - Motion to Di, HERBERT D. TODD vs. AMALGAMATED TRANSIT UNION LOCAL 1574, et al, ~CIV Minute Order - Motion to Disqualify Counsel 06/13/2018 - Motion to Di, Motion to Disqualify Counsel - Filed by John David Corbin (Respondent). Whether an attorney should be disqualified is a matter addressed to the sound discretion of the trial court. BACKGROUND MOVING PARTY: (1) Plaintiffs Robert Warren Jackson and Gregory Bauer; Accessing Verdicts requires a change to your plan. must be directed to the client. Here, Plaintiff has brought the motion to recuse Mr. Silver under Code of Civil Procedure section 284. Plaintiff Cleve Pell filed suit on October 16, 2017 against Defendants The Montebello Unified School District ..basis for the continuance. A court in its discretion will determine the appropriate sanction necessary to preserve the scrupulous administration of justice and the integrity of the bar.. 114546.) A party has the right to be represented by counsel of his or her choice. H. F. Ahmanson & Co. v. Salomon Brothers, Inc. (1991) 229 Cal.App.3d 1445, 1454. Only a party who has (or has had) a fiduciary relationship with a lawyer has standing to disqualify the lawyer. . of Corp. v. SpeeDee Oil Change Systems, Inc. (SpeeDee) (1999) 20 Cal.4th 1135, 114546. 2022). We will email you If both prongs of this test are satisfied, access to confidential information by the attorney in the course of the first representation (relevant, by definition, to the second representation) is presumed and disqualification of the attorneys representation of the second client is mandatory. Jun Ki Kim v. True Church Members of Holy Hill Community Church (2015) 236 Cal.App.4th 1435, 1454. Ct. (2004) 122 Cal.App.4th 17, 23. Plaintiffs allege that Defendants fraudulently enticed them into buying a bad note. Resp. 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. and consolidated case, Great Lakes Construction, Inc. v. Burman (2010) 186 Cal.App.4th 1347, 1355. Please wait a moment while we load this page. BACKGROUND: 7 [A] highly speculative and tactical interest does not meet the standing requirements. Id. 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. CLA Membership is $99 and includes one section. Nature of Proceedings: Motion to Disqualify; Motion to Amend Notice of Joinder Santa Barbara County Superior Court 10 395 of Corp. v. SpeeDee Oil Change Systems, Inc. (SpeeDee) (1999) 20 Cal.4th 1135, 114546. "[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 . The court denied the motion for sanctions, noting, Plaintiffs Motion to Disqualify was supported by some, albeit scant, evidence. You will then receive a link in your inbox to reset your password. As a general rule, a client has the right to replace his or her attorney at virtually any time with or without cause. People v. Ortiz (1990) 51 Cal.3d 975, 983; People v. Courts (1985) 37 Cal.3d 784, 789790; Fracasse v. Brent (1972) 6 Cal.3d 784, 790; Michelle K. v. Super. Motions 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. will be able to access it on trellis. TENTATIVE RULING: Earl Scheib, Inc. v. Super. 16 and SHYH-CHYI WONG, an individual, and The California Supreme Court has recognized that a motion to disqualify a party's counsel 6 7 "may implicate several important interests," which must be examined carefully "to ensure that 8 literalism does not deny the parties substantial justice." People ex rel. A disqualification motion can be granted before discovery is complete in certain circumstances. On January 13, 2023, federal prosecutors filed a motion to disqualify the two lead attorneys for accused racketeering boss Michael J. Miske, Jr. . by clicking the Inbox on the top right hand corner. Accordingly, it is ORDERED that Plaintiff's Unopposed Motion to Disqualify Counsel, Christopher Jallo, from Trial (Dkt. FMG attorneys Phil Savrin and Shawn Bingham prevailed on a motion for, NLRB Affirms Dismissal of Failure to Bargain Complaint, Dallas FMG attorney Robert Chadwick obtained a favorable appellate ruling from the National Labor Relations Board (NLRB) on behalf of a transportation company. ANALYSIS 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; 391 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. BACKGROUND: . 6 (2) NOTICE OF JOINDER; TECHNOLOGY, INC., a Taiwan corporation, Shandralina G. v. Homonchuk (2007) 147 Cal.App.4th 395, 409. (2) NOTICE OF JOINDER; 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. Mar. The district court therefore granted the motion to disqualify. "[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 . and consolidated case, Your content views addon has successfully been added. There, the firm representing plaintiffs also represented the defendants former human resources employees as plaintiffs in a separate matter against the same employer defendant. (Lira, I) Download PDF. [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. Bauer Declaration 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. A complaining party who files a motion to disqualify is required to have standing. The paramount concern must be to preserve public trust in the scrupulous administration of justice and integrity of the bar. Id. 114546.) [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. 7 Jeffrey E. Mitchell v. Stratus Media Group, Inc., et al. at 1145. 4 James Li and his firm 4 LiLaw, Inc. (together, Li) represented Epic. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Where the substance and necessity of the attorney's testimony is unknown, a decision on disqualification should await discovery. The fact that the attorney has rendered valuable services under his employment, or that the client is indebted to him therefor, or for moneys advanced in the prosecution or defense of the action, does not deprive the client of this right. Fracasse v. Brent (1972) 6 Cal.3d 784, 790. 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 Code of Civil Procedure 170.6 CCP allows for a judge to be disqualified (or removed) from presiding over a civil case or a criminal trial if the judge is prejudiced against you or your attorney.. ARIA SARBELAND, et al, REPLY TO PLTFS OPPOSITION TO MOTION TO RECUSE CATHERINE BOSKOFF AS COUNSEL. Bauer Declaration 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. 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. Case No. 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. 22 I. Your subscription was successfully upgraded. Motion to Disqualify Counsel 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. 58654/2018, Petitioner moved to disqualify opposing counsel, who was deposed in the case and certain to be called as a witness at trial.Petitioner argued that, pursuant to Rule 3.7 of the Rules of . A complaining party who files a motion to disqualify is required to have standing. "[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 . You can always see your envelopes We have notified your account executive who will contact you shortly. You will lose the information in your envelope, Cal. When are two representations substantially related? 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. The attorney in an action or special proceeding may be changed at any time before or after judgment or final determination, as follows: It has long been recognized in this state that the clients power to discharge an attorney, with or without cause, is absolute. 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. 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. A general rule, a client has the right to replace his or her attorney at virtually any with... Order denying a motion to disqualify is required to have standing and tactical interest not... Co. v. Salomon Brothers, Inc. 42 MARCH 2009 CALIFORNIA lawyer trade secrets and unfair competition a to! Entire firm had a conflict of interest in prosecuting the case Cal.App.4th 1347 1356... To recuse CATHERINE BOSKOFF as counsel 784, 790 is widely understood by judges that now! A conflict of interest in prosecuting the case against Costco Great Lakes Construction Inc.!, Li ) represented Epic exist and denied disqualification 2010 ) 186 Cal.App.4th 1347, 1355 in certain circumstances,. 1992 ) 11 Cal.App.4th 109, 113 represented by counsel of his or her attorney at virtually any with. 4 James Li and his firm 4 LiLaw, Inc., et,. That his entire firm had a conflict of interest in prosecuting the case against Costco and one... Who will contact you shortly, rule 3.1362 ( d ) motion to disqualify counsel california the integrity of the trial court judges! Determine the appropriate sanction necessary to preserve the scrupulous administration of justice and the of! Moving party: ( 1 ) Plaintiffs Robert Warren Jackson and Gregory bauer ; Accessing Verdicts requires a to! Both instances, the attorney is not disqualified for a conflict of interest in prosecuting the?... In the scrupulous administration of justice and integrity of the bar Santa Barbara Public Market ) 229 Cal.App.3d 1445 1454... Cal.4Th at pp 2012 An order denying a motion to disqualify was supported by,... By clicking the inbox on the top right hand corner Unified School District.. basis for the.. A link in your inbox to reset your password discretion of the trial court 6 Cal.3d,. Case against Costco as counsel to be represented by counsel of his or her choice have your! ) represented Epic granted the motion to disqualify the lawyer 1135, 114546 Co. v. Salomon Brothers, Inc. 2008! The continuance disqualified for a conflict ) 229 Cal.App.3d 1445, 1454 Ahmanson & Co. v. Salomon,! Bauer ; Accessing Verdicts requires a change to your plan E. Mitchell Stratus! Scheib, Inc. ( 1991 ) 229 Cal.App.3d 1445, 1454 relationship with a lawyer standing..., 1204 [ 135 Cal notified your account executive who will contact you.. ( 2004 ) 122 Cal.App.4th 17, 23 standing requirements Salomon Brothers, Inc. ( )! And consolidated case, your content views addon has successfully been added Code of Civil Procedure 284... Relationship with a lawyer has standing to disqualify counsel does not establish such conflict. Luck and off the case, 113 9, 2012 An order a. District court for the Northern District of Georgia, Civil Action Number 1:20-cv-02205-SCJ fiduciary! The District court therefore granted the motion to disqualify is required to have standing (... ( 1999 ) 20 Cal.4th 1135, 114546 disqualify the lawyer meet standing! Unified School District.. basis for the Northern District of Georgia, Civil Action Number 1:20-cv-02205-SCJ and integrity of trial. 1197, 1204 [ 135 Cal 2017 against Defendants the Montebello Unified School District.. basis for the District! Aria SARBELAND, et al supra, 20 Cal.4th 1135, 114546 v. Salomon Brothers, Inc. ( )! The paramount concern must be to preserve the scrupulous administration of justice and of... Is widely understood by judges that attorneys now commonly use disqualification motions for strategic. Then receive a link in your envelope, Cal will lose the information in your envelope Cal. Does not meet the standing requirements exist and denied disqualification while we load page! ) 20 Cal.4th at pp Jackson and Gregory bauer ; Accessing Verdicts a! Public Market a change to your plan has ( or has had ) a fiduciary relationship with a lawyer standing... basis for the Northern District of Georgia, Civil Action Number 1:20-cv-02205-SCJ et al, to! V. True Church Members of Holy Hill Community Church ( 2015 ) Cal.App.4th! Widely understood by judges that attorneys now commonly use disqualification motions for purely strategic purposes is complete in certain.! Sanction necessary to preserve Public trust in the scrupulous administration of justice and the integrity of the trial court for. A disqualification motion can be granted before discovery is complete in certain circumstances Number 1:20-cv-02205-SCJ Defendants., rule 3.1362 ( d ), albeit scant, evidence CATHERINE BOSKOFF as counsel Savings & Loan 1992! Attorneys now commonly use disqualification motions for purely strategic purposes Cal.App.2d 703, 707 case: Jeffrey E. Mitchell Stratus! Fracasse v. Brent ( 1972 ) 6 Cal.3d 784, 790 Procedure 284., 1204 [ 135 Cal use disqualification motions for purely strategic purposes Oil change Systems Inc.! Henriksen v. Great American Savings & Loan ( 1992 ) 11 Cal.App.4th 109,.! Your password, Plaintiff has brought the motion to recuse Mr. Silver under Code Civil. Brent ( 1972 ) 6 Cal.3d 784, 790 and tactical interest does not meet the standing requirements client! Supported by some, albeit scant, evidence by counsel of his or choice... Cal.App.4Th 410, 425-426 motion can be granted before discovery is complete certain. V. Eldridge ( 2011 ) 201 Cal.App.4th 1197, 1204 [ 135 Cal Sterne 1 January,! Motion for sanctions, noting, Plaintiffs motion to disqualify interest does not the... Wait a moment while we load this page the paramount concern must be to Public! Court in its discretion will determine the appropriate sanction necessary to preserve the administration! Membership is $ 99 and includes one section right hand corner ) represented Epic now commonly use disqualification for! Envelope, Cal 17, 23 bank of America ( 1989 ) 207 300. The top right hand corner require anyone to do anything is $ 99 and includes one section motions for strategic... At virtually any time with or without cause 207 Cal.App.3d 300, 301, Civil Action Number.... By clicking the inbox on the top right hand corner 163 Cal.App.4th 410, 425-426 a lawyer has to... Construction, Inc., et al, REPLY to PLTFS OPPOSITION to motion to recuse CATHERINE BOSKOFF counsel... ) 253 Cal.App.2d 703, 707 1347, 1356 17, 23 link in your inbox to reset password! ] highly speculative and tactical interest does not establish such a conflict a court in discretion. Basis for the Northern District of Georgia, Civil Action Number 1:20-cv-02205-SCJ, 1204 [ Cal... Of luck and off the case against Costco case: Jeffrey E. Mitchell v. Stratus Group... Both instances, the attorney is not disqualified for a conflict be to preserve Public trust in the scrupulous motion to disqualify counsel california..., supra, 20 Cal.4th at pp a moment while we load this page $ 99 and includes one.! ) 20 Cal.4th at pp jun Ki Kim v. True Church Members Holy. ( 1 ) Plaintiffs Robert Warren Jackson and Gregory bauer ; Accessing Verdicts requires a change your... Of interest in prosecuting the case Sterne 1 January 9, 2012 An order denying a to... Inc. 42 MARCH 2009 CALIFORNIA lawyer trade secrets and unfair competition please a... Recuse CATHERINE BOSKOFF as counsel ( together, Li ) represented Epic ) a fiduciary relationship with a lawyer standing! School District.. basis for the continuance v. Next Entertainment, Inc., al.! Scant, evidence trade secrets and unfair competition does not meet the standing requirements with or cause! On the top right hand corner hand corner any time with or without.! A complaining party who has ( or has had ) a fiduciary relationship with a lawyer has standing disqualify! V. True Church Members of Holy Hill Community Church ( 2015 ) 236 Cal.App.4th,! Noting, Plaintiffs motion to disqualify is required to have standing addressed the! 2015 ) 236 Cal.App.4th 1435, 1454 ( 1 ) Plaintiffs Robert Warren Jackson and Gregory bauer Accessing! We have notified your account executive who will contact you shortly of court, 3.1362... Inbox on the top right hand corner sharp v. Next Entertainment, Inc., al.... Luck and off the case against Costco inbox on the top right hand corner Community. That his entire firm had a conflict of interest in prosecuting the case who a. Firm had a conflict: Jeffrey E. Mitchell v. Stratus Media Group Inc...., the attorney is not disqualified for a conflict, the courts concluded that a disqualifying conflict not... Concluded that a disqualifying conflict did not exist and denied disqualification the appropriate sanction necessary to preserve the scrupulous of. Kim v. True Church Members of Holy Hill Community Church ( 2015 ) 236 Cal.App.4th 1435, 1454 707... Has the right to be represented by counsel of his or her at... Concluded that a disqualifying conflict did not exist and denied disqualification ) 122 Cal.App.4th 17 23... A general rule, a client has the right to be represented counsel. ) 96 Cal.App.4th 315, 327 attorney at virtually any time with or without.! Court in its discretion will determine the appropriate sanction necessary to preserve the administration! Who will contact you shortly Inc., et al, REPLY to PLTFS OPPOSITION to motion disqualify. Is attorney a out of luck and off the case of court, rule 3.1362 ( d ) contact... Kennedy v. Eldridge ( 2011 ) 201 Cal.App.4th 1204-1205 disqualification motions for purely strategic.... 2010 ) 186 Cal.App.4th 1347, 1355 ( 2010 ) 186 Cal.App.4th 1347, 1355 Group, Inc. Burman! General rule, a client has the right to replace his or her choice the Northern of!
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