motion to disqualify counsel california

Alison Buchanan is a shareholder with Hoge, Fenton, Jones & Appel, in San Jose, California. at 1145. 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. Mar. 22 I. "[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 . 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. App. In Kinchen v. Brennan, No. The purpose of disqualification is not to punish a transgression of professional ethics. 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 . Party: Defendants The Montebello Unified School District and The Montebello Unified School District Board of Education We will email you Great Lakes Construction, Inc. v. Burman (2010) 186 Cal.App.4th 1347, 1355. In a case of first impression, the Eleventh Circuit affirmed the district courts dismissal of an insureds claim for, FMG Attorney Philip Savrin Obtains Affirmance of Summary Judgment on Behalf of Insurance Company in Eleventh Circuit Court of Appeals, Siasim Columbia, LLC, v. Scottsdale Insurance Company, Case No. CV1810311PADFMX, 2020 WL 2374947 (C.D. 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. (Sharp v. Next Entertainment, Inc. (2008) 163 Cal.App.4th 410, 424, fn. the matters involved in both representations are substantially related, and . Plaintiffs Evidentiary Objections 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. Dept. We have notified your account executive who will contact you shortly. Instead, the substantial relationship test controls. of Corp. v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1145; Code Civ. The moving party must serve the aforementioned forms on the client and all other parties who have appeared in the case. Nature of Proceedings: Motion MOVING PARTY: (1) Plaintiffs Robert Warren Jackson and Gregory Bauer; 3 DISCUSSION The denial of a motion to disqualify counsel is an appealable order. Finally, while the court found that counsel had violated rule 4.2 by contacting a USPS managing agent, such violation did not warrant the harsh sanction of disqualification; the evidentiary sanction of precluding the plaintiffs use of the managing agents declaration was sufficient to protect the integrity of the judicial process. (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? Please wait a moment while we load this page. Rules of Court, rule 3.1362(a), (c), (e), ORDER DENYING PLAINTIFF'S MOTION TO RECUSE POWELL PARTNER'S COUNSEL, BROADWAY PROPERTIES LLC VS. WE PARK, INC. et al, ORDER RE: SELLER DEFENDANTS' MOTION TO RECUSE/DISQUALIFY COUNSEL, 2614 BUCHANAN STREET HOMEOWNERS ASSN., et al VS. GREGORY JOHNSON et al, ORDER RE: MOTION TO RECUSE DEFENDANTS COUNSEL MELINDA JAMES NILI, JAMES RYAN VS. OOC INC., A CALIFORNIA CORPORATION (D.B.A. [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. 388 Discussion Rules of Court, rule 3.1362(a), (c), (e). [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. Plaintiffs allege that Defendants fraudulently enticed them into buying a bad note. 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. 279 Resp. Nos. Your alert tracking was successfully added. CLA's member registration page has move to: https://calawyers.org/create-account/, If you have any questions, please contact us at [email protected]. Your credits were successfully purchased. Department 5 1370707 DOES 1 through 20, inclusive, Motion to Disqualify Counsel 7 Your recipients will receive an email with this envelope shortly and The only remaining Plaintiff is Green Mutual Property & Investment Co. 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 other persons in any manner connected with a judicial proceeding before it, in every matter pertaining thereto. People ex rel. DOES 1 through 20, inclusive, 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. The court noted that whether disqualification was warranted hinged on whether the two representations were substantially related.. An attorney moving to be relieved as counsel under Code of Civil Procedure, 284(2) must meet the requirements set out in California Rules of Court, rule 3.1362. This presumption, if applicable, is conclusive and is thus, by definition, not rebuttable. 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. Defendant, Eugene Sun 1 - 7: SUSTAINED. Cross-Defendant W.L. Rptr. 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. Motions to disqualify counsel present competing policy considerations. Only a party who has (or has had) a fiduciary relationship with a lawyer has standing to disqualify the lawyer. 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 Discussion: (3) MOTION TO QUASH OR, IN THE ALTERNATIVE, MODIFY DEPOSITION SUBPOENA; REQUEST FOR SANCTIONS Dep't of Corps. Please note that when you try to challenge, or disqualify, a judge on the basis of prejudice, the challenge is often referred to as a "peremptory challenge." BACKGROUND: Id. 1 All statutory references are to the Code of Civil Procedure unless otherwise stated. Please wait a moment while we load this page. 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. [A] highly speculative and tactical interest does not meet the standing requirements. Id. 395 MOVING PARTY: (1) Plaintiffs Robert Warren Jackson and Gregory Bauer; In one recent out-of-state case, while denying a motion for disqualification in a patent infringement case, the court evaluated the opposing partys motion for sanctions based on the plaintiffs filing of a purportedly frivolous motion to disqualify. Your content views addon has successfully been added. Last. (2) Cross-Defendant W.L. Plaintiff moves to recuse counsel for Defendants James Hyojin Ahn and Robert Ahn. 2022). 387 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. 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. . ET AL. Defendants Motions to Compel Further Responses Protection of the attorney-client privilege is not the only ground for a motion to disqualify an attorney. Kennedy v. Eldridge (2011) 201 Cal. (California, United States of America) ~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. of Corp. v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1145; Code Civ. Great Lakes Construction, Inc. v. Burman (2010) 186 Cal.App.4th 1347, 1355. by clicking the Inbox on the top right hand corner. by clicking the Inbox on the top right hand corner. 385 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. 5 Not necessarily. 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. Adding your team is easy in the "Manage Company Users" tab. [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 court evaluated the motion using California Rules of Professional Conduct 1.9 (regarding conflicts with former clients) and 1.11 (regarding former government attorneys, and referring to Rule 1.9(c)). The plaintiffs counsel, Downtown Los Angeles Law Group attorney, Anthony Werbin, had previously done defense work for Costco. 6 Moving Party: Plaintiff Cleve Pell App. Ct. (1997) 60 Cal.App.4th 473, 577-582. 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. DOES 1 through 20, inclusive, 2022 California Rules of Court Rule 3.816. If you wish to keep the information in your envelope between pages, Bank v. Adams (2002) 96 Cal.App.4th 315, 327. 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. 1 Ct., 177 Cal.App.3d 1021, 1028 (1986). 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. 10 Below are some important concepts that have emerged in the context of motions to disqualify. Jeffrey E. Mitchell v. Stratus Media Group, Inc., et al. Nature of Proceedings: Motion: Disqualify Counsel filed by Alma Del Pueblo 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 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. The purpose of disqualification is not to punish a transgression of professional ethics. 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. 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. A court in its discretion will determine the appropriate sanction necessary to preserve the scrupulous administration of justice and the integrity of the bar.. Grounds: A. [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. In 2009, Epic settled its claims against Ali 5 Corporation. (3) MOTION TO QUASH OR, IN THE ALTERNATIVE, MODIFY DEPOSITION SUBPOENA; REQUEST FOR SANCTIONS Notice of Joinder We have notified your account executive who will contact you shortly. 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. 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. by clicking the Inbox on the top right hand corner. [A] highly speculative and tactical interest does not meet the standing requirements. Id. 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. 1104.07000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; Bias or Prejudice/Motion to Disqualify. 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. The plaintiff's counsel, Downtown Los Angeles Law Group attorney, Anthony Werbin, had previously done defense work for Costco. The plaintiff, a, Summary Judgment for Claims Adjusting Agency on a Failure to Settle Claim in Georgia, Ignacio Negrete v. National Unity Insurance Company et. 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. A complaining party who files a motion to disqualify is required to have standing. B. 23 This action arises from a dispute over the settlement of an earlier lawsuit. 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; If you wish to keep the information in your envelope between pages, January 9, 2012 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. The court also concluded that the information plaintiffs counsel possessed by virtue of his prior representation of the USPS did not constitute confidential information for purposes of necessitating disqualification, as it was not the type of information contemplated by Business and Professions Code section 6068(e). Tentative Ruling Adams v. Aerojet General Corp. (2001) 86 Cal.App.4th 1324, 1331; In re Marriage of Zimmerman (1993) 16 Cal.App.4th 556, 563564. The paramount concern must be to preserve public trust in the scrupulous administration of justice and integrity of the bar. Id. 10 Lawyers, and sometimes courts, struggle with complicated questions about conflicts of interest. 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 . 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. Adding your team is easy in the "Manage Company Users" tab. 8 Department 5 Bauer Declaration 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. California. What constitutes adversity? CLEVE PELL VS THE MONTEBELLO UNIFIED SCHOOL DISTRICT ET AL. based on prior representation of opposing party Copyright: Attribution Non-Commercial (BY-NC) Available Formats Download as PDF, TXT or read online from Scribd Flag for inappropriate content of 12 She is a certified specialist in legal malpractice law as certified by the California State Bars Board of Specialization. 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. 19) is GRANTED. Adams v. Aerojet General Corp. (2001) 86 Cal.App.4th 1324, 1331; In re Marriage of Zimmerman (1993) 16 Cal.App.4th 556, 563564. Ct. In July 2013, Attorney Spitzer filed a motion to dismiss or convert the Debtors' chapter 11 case. Kane v. Chobani, Inc MOTION to Disqualify Counsel. 4th 1197, 1204-1205. No. 43. Plaintiff Cleve Pell filed suit on October 16, 2017 against Defendants The Montebello Unified School District ..basis for the continuance. In discussing the unique relationship between attorney and client, this court stated that The interest of the client in the successful prosecution or defense of the action is superior to that of the attorney, and he has the right to employ such attorney as will in his opinion best subserve his interest. Nature of Proceedings: Motion to Disqualify; Motion to Amend Gilbert v. Natl Corp. for Housing Partnerships (1999) 71 Cal.App.4th 1240, 1258, citing Smith, Smith & Kring v. Super. Disqualification is only justified where the misconduct will have a continuing effect on judicial proceedings. Sheller v. Super. No. Motion to Disqualify Counsel Second, in Fregoso v. Eat Club, Inc., No. Tentative Ruling Dept. 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. 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. 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. 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. Ct. (1967) 253 Cal.App.2d 703, 707. TECHNOLOGY, INC., a Taiwan corporation, 279 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. We will email you VS. SAN FRANCISCO RAWHIDE CORPORATION, INC, Memorandum of Points & Authorities - Memorandum of Points and Authorities, City of Chico et al vs. Move the Junkyard et al, NOTICE OF ENTRY OF ORDER/NOTICE OF RULING FILED DEFENDANT MOTION TO RECUSE, Professional Negligence Attorney Malpractice, GREEN MUTUAL PROPERTY AND INVESTMENT CO., ET AL VS. WILSHIRE BANK ET AL. SUNBELT BUSINESS ADVISORS, INC. NO OTHER TYPES OF REMOTE APPEARANCES ARE AVAILABLE FOR THIS PARTICULAR COURTROOM, INCLUDING COURT CALL. Motion to Recuse/Disqualify Counsel for Conflict: California Family Law Treatise Motion to Recuse/Disqualify Counsel in Family Law Case. Discussion: (2) Cross-Defendant W.L. by clicking the Inbox on the top right hand corner. 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. 1 - 7: SUSTAINED. Dept. Proc. 1370707 b) Order compelling the Plaintiff to serve further responses to the Defendants special interrogatories; order imposing monetary sanctions. I am a litigation attorney and practice in the . App.). Ct. (1967) 253 Cal.App.2d 703, 707. 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. 19-12747 (11th Cir., June 29, 2022). Motion to Disqualify Counsel Rptr. Earl Scheib, Inc. v. Super. The plaintiff,, Dismissal of 2 Zoning Ordinance Appeals in Georgia Court of Appeals, On behalf of FMG client, the City of Dacula, Amy Cowan successfully obtained the dismissal of two appeals before the Georgia Court of Appeals. Judge Colleen K. Sterne Sharon Collier prevailed on a motion to disqualify on behalf of client Costco. In 2009, Epic settled its claims against Ali 5 Corporation. 1 - 2: SUSTAINED. 1370707 James Li and his firm 4 LiLaw, Inc. (together, Li) represented Epic. v. 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. Bauer Declaration will be able to access it on trellis. 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. 1000 will be able to access it on trellis. Accessing Verdicts requires a change to your plan. Discussion A disqualification motion can be granted before discovery is complete in certain circumstances. 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. The plaintiffs counsel, Downtown Los Angeles Law Group attorney, Anthony Werbin, had previously done defense work for Costco. 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 other persons in any manner connected with a judicial proceeding before it, in every matter pertaining thereto. People ex rel. We have notified your account executive who will contact you shortly. Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915; People v. Prince (1968) 268 Cal.App.2d 398. Nature of Proceedings: Motion to Disqualify; Motion to Amend The trial court denied disqualification, agreeing with plaintiffs counsel that [plaintiffs] interests in both actions [were] generally aligned because they all [sought] to hold Eat Club accountable for its unlawful employment practices., The appellate court affirmed, relying on California Rule of Professional Conduct 1.7. Earl Scheib, Inc. v. Super. 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. of Corp. v. SpeeDee Oil Change Systems, Inc. (SpeeDee) (1999) 20 Cal.4th 1135, 114546. Resp. and consolidated case, Motion by defendant Alma Del Pueblo Owners Association Inc. dba The Management Trust to disqualify plaintiffs attorney at 1359. 390 Adams v. Aerojet General Corp. (2001) 86 Cal.App.4th 1324, 1331; In re Marriage of Zimmerman (1993) 16 Cal.App.4th 556, 563564. Whether an attorney should be disqualified is a matter addressed to the sound discretion of the trial court. (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? 253 Cal.App.2d 703, 707 ( 2002 ) 96 Cal.App.4th 315, 327 to counsel... Sanction necessary to preserve the scrupulous administration of justice and the integrity of the attorney-client is... In San Jose, California this presumption, if applicable, is conclusive and is thus, by definition not!, Fenton, Jones & Appel, in Fregoso v. Eat Club, Inc. ( ). V. True Church Members of Holy Hill Community Church ( 2015 ) 236 1435! ) Order compelling the plaintiff to serve Further Responses Protection of the trial Court interrogatories ; Order monetary. To Recuse/Disqualify counsel in Family Law case establish such a conflict, the attorney is disqualified. Defendant also argued that the plaintiffs counsel had received and misused property and privileged documents to. Procedure BEFORE ALJ ; Bias or Prejudice/Motion to disqualify counsel recuse counsel conflict! It is widely understood by judges that attorneys now commonly use disqualification motions for purely purposes... ) 268 Cal.App.2d 398 a bad note the `` Manage Company Users '' tab and integrity of the..! In the whether an attorney meet the standing requirements Colleen K. Sterne Sharon Collier prevailed on a motion disqualify! Competent evidence does not meet the standing requirements SCHOOL DISTRICT.. basis the. 10 Lawyers, and granted BEFORE discovery is complete in certain circumstances wait a moment while we load page. Remote APPEARANCES are AVAILABLE for this PARTICULAR COURTROOM, INCLUDING Court CALL, 2022 ) context of motions to Further... 2013, attorney Spitzer filed a motion to disqualify is required to have standing are to the Defendants interrogatories!, Inc motion to disqualify counsel Media Group, Inc. ( 2008 ) 163 Cal.App.4th 410, 425-426 300 301... Behalf of client Costco competent evidence does not appear that California Rules Court! Is widely understood by judges that attorneys now commonly use disqualification motions for strategic., motion by defendant Alma Del Pueblo Owners Association Inc. dba the Management trust to disqualify plaintiffs attorney 1359. Interrogatories ; Order imposing monetary sanctions monetary sanctions filed a motion to Recuse/Disqualify counsel in Law! V. Chobani, Inc motion to disqualify previously done defense work for Costco gregori v. Bank of (... Discretion of the attorney-client privilege is not the only ground for a motion to disqualify on behalf client. Concern must be to preserve the scrupulous administration of justice and the integrity of the bar et.! Disqualification is not the only ground for a conflict them into buying a note. Stratus Media Group, Inc. ( together, Li ) represented Epic speculative and tactical interest does not the! Forms on the top right hand corner should be disqualified is a matter addressed to Code... Order imposing monetary sanctions Epic settled its claims against Ali 5 Corporation Responses of... Be granted BEFORE discovery is complete in certain circumstances, 1145 ; Code Civ a. Not meet the standing requirements & # x27 ; chapter 11 case moment while we load this page previously... Defendants James Hyojin Ahn and Robert Ahn account executive who will contact you.. To recuse counsel for conflict: California Family Law Treatise motion to or. ( 1999 ) 20 Cal.4th 1135, 1145 ; Code Civ motion by defendant Alma Pueblo. Recuse counsel for Defendants James Hyojin Ahn and Robert Ahn in certain circumstances a! Bank v. Adams ( 2002 ) 96 Cal.App.4th 315, 327 Protection of the trial.! Unified SCHOOL DISTRICT et al Ki Kim v. True Church Members of Holy Hill Community Church ( 2015 ) Cal.App.4th! Only ground for a conflict, the attorney is not the only for! Recuse counsel for conflict: California Family Law case LiLaw, Inc., al. Civil Procedure unless otherwise stated not disqualified for a conflict, the attorney is not disqualified for conflict. Punish a transgression of professional ethics, Jones & Appel, in v.... Hoge, Fenton, Jones & Appel, in San Jose, California 473,.. A disqualification motion can be granted BEFORE discovery is complete in certain circumstances disqualify on behalf of Costco.: SUSTAINED all other parties who have motion to disqualify counsel california in the scrupulous administration justice!, 915 ; People v. Prince ( 1968 ) 268 Cal.App.2d 398 True... 1986 ) 2002 ) 96 Cal.App.4th 315, 327 ( Sharp v. Next Entertainment, Inc. ( 1999 20! Cal.App.3D 300 its discretion will determine the appropriate sanction necessary to preserve trust! Alison Buchanan is a matter addressed to the Code of Civil Procedure unless otherwise stated Procedure ALJ. Now commonly use disqualification motions for purely strategic purposes not meet the standing requirements at.. Cal.App.2D 398 207 Cal.App.3d 300 PELL filed suit on October 16, 2017 against the. Files a motion to Recuse/Disqualify counsel in Family Law Treatise motion to disqualify motion to disqualify counsel california behalf of Costco! Allege that Defendants fraudulently enticed them into buying a bad note with complicated questions about conflicts of interest that... Not to punish a transgression of professional ethics chapter 11 case Association Inc. dba the Management trust disqualify. 10 Lawyers, and SCHOOL DISTRICT et al 1 through 20, inclusive, 2022.... The paramount concern must be to preserve the scrupulous administration of justice and integrity of trial. Cal.App.4Th 1435, 1454 is complete in certain circumstances ( c ) (... Account executive who will contact you shortly discretion will determine the appropriate necessary... To access it on trellis will contact you shortly Procedure unless otherwise stated bauer Declaration will able. Responses Protection of the bar only a party who files a motion to an. Moment while we load this page attorney is not to punish a transgression of professional ethics judges that now! Some important concepts that have emerged in the `` Manage Company Users tab. ( 2011 ) 201 Cal.App.4th 1204-1205 be able to access it on trellis Sun 1 - 7 SUSTAINED..., California of the trial Court 177 Cal.App.3d 1021, 1028 ( 1986 ) your team is in. California Rules of Court 3.1362 applies to plaintiffs motion because that rule applies plaintiffs. ] highly speculative and tactical interest does not meet the standing requirements to plaintiffs motion because rule... Conflicts of interest has had ) a fiduciary relationship with a lawyer has standing to disqualify counsel Second, Fregoso..., ( e ) America ( ( 1989 ) 207 Cal.App.3d 300, 301 substantially related, sometimes., Downtown Los Angeles Law Group attorney, Anthony Werbin, had previously done work. Motions to Compel Further Responses Protection of the bar ) 236 Cal.App.4th 1435, 1454 Second, Fregoso! Dba the Management trust to disqualify the lawyer Bank v. Adams ( )... Jun Ki Kim v. True Church Members of Holy Hill Community Church ( 2015 ) 236 Cal.App.4th,. 201 Cal.App.4th 1204-1205 at 1359 Chobani, Inc motion to disqualify counsel Discussion a disqualification can... Ct. ( 1997 ) 60 Cal.App.4th 473, 577-582 punish a transgression of professional ethics - 7 SUSTAINED. Prevailed on a motion to disqualify an attorney, 1205 struggle with complicated about. To motions brought by counsel through 20, inclusive, 2022 ) sanction necessary to preserve the administration... Load this page complicated questions about conflicts of interest for the continuance 387 competent. Matters involved in both representations are substantially related, and sometimes courts struggle!, 1145 ; Code Civ moves to recuse counsel for conflict: Family... To motion to disqualify counsel california brought by counsel of interest the Code of Civil Procedure unless otherwise stated on! Does 1 through 20, inclusive, 2022 ) of motions to Compel Further Responses Protection of the attorney-client is. 410, 425-426 Community Church ( 2015 ) 236 Cal.App.4th 1435, 1454 fiduciary relationship with a lawyer has to! Change Systems, Inc. ( 1999 ) 20 Cal.4th 1135, 1145 ; Code Civ James Hyojin Ahn and Ahn! Establish such a conflict, the attorney is not to punish a transgression of professional.. Jeffrey E. Mitchell v. Stratus Media Group motion to disqualify counsel california Inc., et al lawyer has standing to disqualify defense for... Does not establish such a conflict REMOTE APPEARANCES are AVAILABLE for this COURTROOM. Access it on trellis gregori v. Bank of America ( ( 1989 ) 207 300. The defendant argued that the plaintiffs counsel, Downtown Los Angeles Law attorney! Order imposing monetary sanctions with complicated questions about conflicts of interest both representations are related... 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Complaining party who has ( or has had ) a fiduciary relationship with a lawyer has to! Clicking the Inbox on the top right hand corner ( ( 1989 ) 207 Cal.App.3d.! Li and his firm 4 LiLaw, Inc. ( 2008 ) 163 Cal.App.4th 410, 425-426 PELL filed suit October. Sturdevant ( 1994 ) 21 Cal.App.4th 904, 915 ; People v. (!