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.. 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. "[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 . Motion by defendant Alma Del Pueblo Owners Association Inc. dba The Management Trust to disqualify plaintiffs attorney Motion for: 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. H. F. Ahmanson & Co. v. Salomon Brothers, Inc. (1991) 229 Cal.App.3d 1445, 1454. Gilbert v. Natl Corp. for Housing Partnerships (1999) 71 Cal.App.4th 1240, 1258, citing Smith, Smith & Kring v. Super. Sharon C. Collier Mar. In July 2013, Attorney Spitzer filed a motion to dismiss or convert the Debtors' chapter 11 case. DONE and ORDERED in Tampa, Florida on April 11, 2016. An attorney may not ethically represent a client whose interests conflict with a former client absent the former client's informed written consent. 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 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 "[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 . 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). In considering whether to grant a motion to disqualify a law firm, "the court must weigh the combined effect of a party's right to counsel of choice, an attorney's interest in representing a client, the financial burden on a client of replacing disqualified counsel and any tactical abuse underlying a disqualification proceeding against . (3) MOTION TO QUASH OR, IN THE ALTERNATIVE, MODIFY DEPOSITION SUBPOENA; REQUEST FOR SANCTIONS 17, 2020), the Central District of California decided a motion to disqualify brought by the defendant based on two grounds: (1) a purported conflict based on plaintiffs counsels prior employment by the defendant; and (2) plaintiffs counsels improper receipt of information, procured by communicating with defendants managing agent in an alleged violation of the no contact rule. BACKGROUND: A court in its discretion will determine the appropriate sanction necessary to preserve the scrupulous administration of justice and the integrity of the bar.. Ct. (1967) 253 Cal.App.2d 703, 707. The plaintiffs counsel, Downtown Los Angeles Law Group attorney, Anthony Werbin, had previously done defense work for Costco. Ct. Ct. (1967) 253 Cal.App.2d 703, 707. The injury must be concrete and particularized, not hypothetical. Id. A complaining party who files a motion to disqualify is required to have standing. First, there must be a substantial relationship between the former representation and the current representation. Your recipients will receive an email with this envelope shortly and 385 H046505, 2020 WL 5513420 (Cal. 4 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. 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. ET AL. 1 - 7: SUSTAINED. Accessing Verdicts requires a change to your plan. 21-13847 (11th Cir., July 1, 2022). Nos. Protection of the attorney-client privilege is not the only ground for a motion to disqualify an attorney. Kennedy v. Eldridge (2011) 201 Cal. She focuses her practice on business litigation and representing lawyers and law firms. Nature of Proceedings: Motion: Disqualify Counsel filed by Alma Del Pueblo Party: Defendants The Montebello Unified School District and The Montebello Unified School District Board of Education (Dino v 9 COUNTY OF SANTA CLARA CLA Membership is $99 and includes one section. You will lose the information in your envelope, 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. 23 This action arises from a dispute over the settlement of an earlier lawsuit. Case: Jeffrey E. Mitchell v. Stratus Media Group, Inc., et al., Ct. (2008) 158 Cal.App.4th 1697, 1711. 114546.) Mar. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. Bank v. Adams (2002) 96 Cal.App.4th 315, 327. Nature of Proceedings: Motion This matter was last on calendar on 1/6/10. The purpose of disqualification is not to punish a transgression of professional ethics. 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. Plaintiffs allege that Defendants fraudulently enticed them into buying a bad note. 4) the Plaintiffs motion to compel the deposition of the Defendant. The motion to disqualify Defendants counsel is DENIED. 1. Your subscription was successfully upgraded. Case: Jeffrey E. Mitchell v. Stratus Media Group, Inc., et al., will be able to access it on trellis. Disqualification is only justified where the misconduct will have a continuing effect on judicial proceedings. Sheller v. Super. Party: Defendants The Montebello Unified School District and The Montebello Unified School District Board of Education Accordingly, it is ORDERED that Plaintiff's Unopposed Motion to Disqualify Counsel, Christopher Jallo, from Trial (Dkt. Gilbert v. Natl Corp. for Housing Partnerships (1999) 71 Cal.App.4th 1240, 1258, citing Smith, Smith & Kring v. Super. Petrey Wholesale, Inc.s notice of joinder in the motion to disqualify is GRANTED as timely. 3 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. (Dino v 9 COUNTY OF SANTA CLARA the principal that the fair resolution of disputes requires vigorous representation of parties by independent counsel. Case: Jeffrey E. Mitchell v. Stratus Media Group, Inc., et al., 2 ANALYSIS Case No. Cal. 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). Your recipients will receive an email with this envelope shortly and The plaintiff's counsel, Downtown Los Angeles Law Group attorney, Anthony Werbin, had previously done defense work for Costco. The court denied the motion for sanctions, noting, Plaintiffs Motion to Disqualify was supported by some, albeit scant, evidence. (3) Defendant/Cross-Complainant Gopher Protocol, Inc. Instead, the substantial relationship test controls. ANALYSIS 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. Nos. The Defendant requests that the Court order the Plaintiff to serve further responses to his form and special interrogatories. 395 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. Last. 1000 Moving Party: Plaintiff Cleve Pell ARIA SARBELAND, et al, REPLY TO PLTFS OPPOSITION TO MOTION TO RECUSE CATHERINE BOSKOFF AS COUNSEL. She is a certified specialist in legal malpractice law as certified by the California State Bars Board of Specialization. Petrey Wholesale, Inc.s notice of joinder in the motion to disqualify is GRANTED as timely. Moving Party: Plaintiff Cleve Pell 15 NINA YUAN, an individual, RICHWAVE 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. TENTATIVE RULING: (3) MOTION TO QUASH OR, IN THE ALTERNATIVE, MODIFY DEPOSITION SUBPOENA; REQUEST FOR SANCTIONS Discussion: 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. Significance of Decision In applying California law to determine matters of disqualification, the district court applied the new California Rule of Professional Conduct, Rule 1.18, which had not previously existed in California, concerning prospective client conflicts. Ct. (1997) 60 Cal.App.4th 473, 577-582. Your content views addon has successfully been added. DOES 1 through 20, inclusive, 387 Welcoming 2021 With Thanks for Your Amazing Efforts. 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. Notice of Motion and Motion to be Relieved as Counsel; Declaration in Support of Attorney's Motion to be Relieved as Counsel; and. RWJ ADVANCED MARKETING, LLC ET AL. A complaining party who files a motion to disqualify is required to have standing. Court-Ordered Dismissal - Other (Other) 07/13/2020, Other Civil Petition (General Jurisdiction), 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.. There are consolidated actions asserting claims of securities violations with respect to corporate stock. James Li and his firm 4 LiLaw, Inc. (together, Li) represented Epic. Whether an attorney should be disqualified is a matter addressed to the sound discretion of the trial court. Earl Scheib, Inc. v. Super. Plaintiffs Evidentiary Objections [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 attorneys interest in representing a client; the financial burden on a client of change of counsel; any tactical abuse underlying a disqualification motion; and. Accessing Verdicts requires a change to your plan. Defendants Motions to Compel Further Responses I am a litigation attorney and practice in the . (2) Cross-Defendant W.L. Motions to disqualify counsel present competing policy considerations. Additional sections are $99 each. Disqualification is only justified where the misconduct will have a continuing effect on judicial proceedings. Sheller v. Super. On December 28, 2011, the court appoin SUBJECT: Motion to Disqualify Counsel when new changes related to " are available. BACKGROUND: 390 Nos. BACKGROUND We have notified your account executive who will contact you shortly. Filing 31. Exchange v. Fireman's Fund . The plaintiffs counsel, Downtown Los Angeles Law Group attorney, Anthony Werbin, had previously done defense work for Costco. In 2009, Epic settled its claims against Ali 5 Corporation. 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. 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. This presumption, if applicable, is conclusive and is thus, by definition, not rebuttable.