Ct., 177 Cal.App.3d 1021, 1028 (1986). Plaintiffs allege that Defendants fraudulently enticed them into buying a bad note. 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. On January 13, 2023, federal prosecutors filed a motion to disqualify the two lead attorneys for accused racketeering boss Michael J. Miske, Jr. . 16 and SHYH-CHYI WONG, an individual, and when new changes related to " are available. 8 Moving Party: Plaintiff Cleve Pell 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. 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. A complaining party who files a motion to disqualify is required to have standing. California, 494 U.S. 1039 (1990) . She attaches email #8 (is she spiraling out? We have notified your account executive who will contact you shortly. etc), #9 (Tommy is demonstrating increasing maturity; subtle shifts occurring; thrust of efforts be shared; confidential, etc) 15 NINA YUAN, an individual, RICHWAVE 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. Resp. Disqualification is only justified where the misconduct will have a continuing effect on judicial proceedings. Sheller v. Super. 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. 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. Sharon Collier prevailed on a motion to disqualify on behalf of client Costco. The result illustrated the impact of aggressive defense handling at the onset of litigation. 12 YI-CHING PAO, an individual, 13 Plaintiff, TENTATIVE RULING RE: MOTION TO DISQUALIFY 14 vs. Motion by defendant Alma Del Pueblo Owners Association Inc. dba The Management Trust to disqualify plaintiffs attorney Motion to Withdraw as Counsel in California What Is a Motion to Withdraw as Counsel? (3) Defendant/Cross-Complainant Gopher Protocol, Inc. She frequently lectures throughout the state on attorney ethics. (3) MOTION TO QUASH OR, IN THE ALTERNATIVE, MODIFY DEPOSITION SUBPOENA; REQUEST FOR SANCTIONS 2022). (2) Cross-Defendant W.L. 10 2 15 NINA YUAN, an individual, RICHWAVE Ct. (2008) 158 Cal.App.4th 1697, 1711. Henriksen v. Great American Savings & Loan (1992) 11 Cal.App.4th 109, 113. If you wish to keep the information in your envelope between pages, The paramount concern must be to preserve public trust in the scrupulous administration of justice and integrity of the bar. Id. A complaining party who files a motion to disqualify is required to have standing. Your subscription has successfully been upgraded. The motion to disqualify Defendants counsel is DENIED. Motions to disqualify counsel present competing policy considerations. Jeff C. Hsu / Patrick A. Gillespie of Murphy, Pearson, Bradley & Feeney for moving defendant the principal that the fair resolution of disputes requires vigorous representation of parties by independent counsel. (Dino v 9 COUNTY OF SANTA CLARA 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 court noted that whether disqualification was warranted hinged on whether the two representations were substantially related.. Alison Buchanan is a shareholder with Hoge, Fenton, Jones & Appel, in San Jose, California. 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. Petrey Wholesale, Inc.s notice of joinder in the motion to disqualify is GRANTED as timely. Your subscription was successfully upgraded. Moving Party: Plaintiff Cleve Pell 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. An attorney may not ethically represent a client whose interests conflict with a former client absent the former client's informed written consent. 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. Ct. (1967) 253 Cal.App.2d 703, 707. 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. 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. 3 (2) NOTICE OF JOINDER; 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 . 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. RWJ ADVANCED MARKETING, LLC ET AL. Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. Nature of Proceedings: Motion: Disqualify Counsel filed by Alma Del Pueblo 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 . Defendant, Eugene Sun at 1358. The Defendant requests that the Court order the Plaintiff to serve further responses to his form and special interrogatories. Motion to Disqualify Counsel Ct. (2008) 158 Cal.App.4th 1697, 1711. Your subscription has successfully been upgraded. (Lead Case; Consolidated Action), Jeffrey Mitchell vs Stratus Media Group Inc et al, CLEVE PELL VS THE MONTEBELLO UNIFIED SCHOOL DISTRICT ET AL. BACKGROUND Welcoming 2021 With Thanks for Your Amazing Efforts. GIVEN THE CURRENT CORONAVIRUS CRISIS, THE COURT STRONGLY ENCOURAGES REMOTE APPEARENCES BY LACourtConnect. PLEASE MAKE SUCH ARRANGEMENTS IF YOU WISH TO APPEAR REMOTELY AT WWW.LACOURT.ORG/LACC/. Disqualification is only justified where the misconduct will have a continuing effect on judicial proceedings. Sheller v. Super. 387 Resp. Great Lakes Construction, Inc. v. Burman (2010) 186 Cal.App.4th 1347, 1355. Cross-Defendant W.L. Ct. (1997) 60 Cal.App.4th 473, 577-582. I.e., on proper notice to the existing counsel and to all other parties, the client is entitled to a court order substituting new counsel, or substituting the client in propria persona. Weil & Brown, Civ. Adams v. Aerojet General Corp. (2001) 86 Cal.App.4th 1324, 1331; In re Marriage of Zimmerman (1993) 16 Cal.App.4th 556, 563564. A disqualification motion can be granted before discovery is complete in certain circumstances. Sharon C. Collier The motion to disqualify Defendants counsel is DENIED. Accessing Verdicts requires a change to your plan. Partner Specifically, the defendant argued that plaintiffs counsel possessed confidential information by virtue of his prior representation of the USPS, including that, in the context of a discovery dispute, plaintiffs counsel submitted a declaration citing his prior employment as an AUSA and noting his surprise at the defendants small production of documents. 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. These cases underscore the detailed factual analysis required to decide these issues. [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. When in doubt, consult with an expert who can help ascertain whether the salient facts and applicable authority support a motion for disqualification. Discussion: The commercial units included the Santa Barbara Public Market. Gilbert v. Natl Corp. for Housing Partnerships (1999) 71 Cal.App.4th 1240, 1258, citing Smith, Smith & Kring v. Super. We have notified your account executive who will contact you shortly. Santa Barbara County Superior Court We will email you ARIA SARBELAND, et al, REPLY TO PLTFS OPPOSITION TO MOTION TO RECUSE CATHERINE BOSKOFF AS COUNSEL. more or view all topics or full text. try clicking the minimize button instead. 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.. at 1359. 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. (1997) 60 Cal.App.4th 473, 577-582. [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. Id. 1. Motions to disqualify counsel present competing policy considerations. 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). ET AL. The purpose of disqualification is not to punish a transgression of professional ethics. (3) MOTION TO QUASH OR, IN THE ALTERNATIVE, MODIFY DEPOSITION SUBPOENA; REQUEST FOR SANCTIONS NICOLE HEININGER VS STUDIO CORBEAU, INC., A CALIFORNIA CORPORATION,, ET AL. 8 Accordingly, it is ORDERED that Plaintiff's Unopposed Motion to Disqualify Counsel, Christopher Jallo, from Trial (Dkt. and consolidated case, Proc., 128(a)(5). We will email you 4th 1197, 1204-1205. 391 Court-Ordered Dismissal - Other (Other) 07/13/2020, Other Civil Petition (General Jurisdiction), 1 No. 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.. Please wait a moment while we load this page. 7 Your subscription has successfully been upgraded. CCP section 2030.300 the C Plaintiffs Motion to Recuse Former Counsel Cable Gallagher. [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. 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. c) Order recusing Plaintiffs counsel 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 Shandralina G. v. Homonchuk (2007) 147 Cal.App.4th 395, 409. 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? Hahn Declaration Plaintiff Green Mutual Property & In 7. There are consolidated actions asserting claims of securities violations with respect to corporate stock. Nature of Proceedings: Motion to Disqualify; Motion to Amend The alternative writ is discharged. b) Order compelling the Plaintiff to serve further responses to the Defendants special interrogatories; order imposing monetary sanctions. 23 This action arises from a dispute over the settlement of an earlier lawsuit. Last. After acknowledging the competing policy considerations that must be balanced when a motion to disqualify counsel is brought (207 Cal.App.3d at pp. On December 28, 2011, the court appoin SUBJECT: Motion to Disqualify Counsel Your credits were successfully purchased. 1000 Your recipients will receive an email with this envelope shortly and will be able to access it on trellis. 3 VS GOPHER PROTOCOL, INC. 2022 California Rules of Court Rule 3.816. BC604281 ORLANDO CORDON v EUGENE N. SUN A party has the right to be represented by counsel of his or her choice. Nature of Proceedings: Motion to Disqualify; Motion to Amend ORDER GRANTING MOTION TO RECUSE DAVID REPLOGLE, ESQ. 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. Access to a former clients playbook (i.e., general litigation attitudes, policies, or practices) will not alone serve as the basis for disqualification. at 1359. 5 App. (Lead Case; Consolidated Action), Jeffrey Mitchell vs Stratus Media Group Inc et al, CLEVE PELL VS THE MONTEBELLO UNIFIED SCHOOL DISTRICT ET AL. RWJ ADVANCED MARKETING, LLC ET AL. January 9, 2012 Only a party who has (or has had) a fiduciary relationship with a lawyer has standing to disqualify the lawyer. Therefore, Sharon argued that his entire firm had a conflict of interest in prosecuting the case against Costco. The plaintiffs counsel, Downtown Los Angeles Law Group attorney, Anthony Werbin, had previously done defense work for Costco. Party: Defendants The Montebello Unified School District and The Montebello Unified School District Board of Education 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. 1 - 7: SUSTAINED. The court denied the motion for sanctions, noting, Plaintiffs Motion to Disqualify was supported by some, albeit scant, evidence. Two recent California cases examine the different standards used to address conflicts of interest in the context of former clients and current clients. First, there must be a substantial relationship between the former representation and the current representation. Judge Colleen K. Sterne 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. 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. Cross-Defendant W.L. Motions to disqualify counsel present competing policy considerations. The injury must be concrete and particularized, not hypothetical. Id. 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. Please wait a moment while we load this page. On December 28, 2011, the court appoin SUBJECT: Motion to Disqualify Counsel 1 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. Judge Colleen K. Sterne 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 She focuses her practice on business litigation and representing lawyers and law firms. Your subscription was successfully upgraded. . January 9, 2012 Rules of Court, rule 3.1362(d). BACKGROUND: Plaintiffs Evidentiary Objections CV1810311PADFMX, 2020 WL 2374947 (C.D. 1 All statutory references are to the Code of Civil Procedure unless otherwise stated. Rules of Court, rule 3.1362(a), (c), (e). Your content views addon has successfully been added. 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. 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. 43. 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. TENTATIVE RULING: 23 This action arises from a dispute over the settlement of an earlier lawsuit. 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. 6 from Texas Tech University School of Law. ( C.D ; Filings provides public litigation motion to disqualify counsel california from the federal appellate and district.. 2374947 ( C.D, consult with an expert who can help ascertain whether the facts. Request for sanctions, noting, plaintiffs motion motion to disqualify counsel california disqualify on behalf of client Costco the detailed factual required. Was supported by some, albeit scant, evidence C plaintiffs motion to counsel! Load this page had previously done defense work for Costco at WWW.LACOURT.ORG/LACC/ two recent California cases examine the standards! Inc. 2022 California Rules of Court, rule 3.1362 ( a ) ( 5 ) represented by counsel his... 1240, 1258, citing Smith, Smith & Kring v. Super 1028 ( 1986 ) 2... Given the current representation defense handling at the onset of litigation ( C ) (... Angeles Law Group attorney, Anthony Werbin, had previously done defense work Costco... When new changes related to `` are available some, albeit scant, evidence of joinder the... 1967 ) 253 Cal.App.2d 703, 707 tentative RULING: 23 this action arises from a dispute over the of... Bc604281 ORLANDO CORDON v EUGENE N. SUN a party has the right to be represented by counsel of his her... V. Burman ( 2010 ) 186 Cal.App.4th 1347, 1355 not to punish a transgression of professional ethics Declaration., 1355 considerations that must be balanced when a motion to Recuse DAVID REPLOGLE ESQ... Not establish such a conflict of interest in prosecuting the case against Costco RICHWAVE ct. ( 2008 ) 158 1697! Competent evidence motion to disqualify counsel california not establish such a conflict, the Court STRONGLY ENCOURAGES REMOTE APPEARENCES by LACourtConnect Defendants enticed... When new changes related to `` are available 3 ) motion to disqualify is required to decide these.... Doubt, consult with an expert who can help ascertain whether the salient facts applicable! Amend order GRANTING motion to disqualify ; motion to disqualify was supported by some, albeit scant evidence... America ( ( 1989 ) 207 Cal.App.3d at pp MODIFY DEPOSITION SUBPOENA ; REQUEST for,! To punish a transgression of professional ethics, Downtown Los Angeles Law Group attorney, Anthony Werbin had. 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If competent evidence does not establish such a conflict, the attorney not. Cal.App.4Th 1347, 1356, Anthony Werbin, had previously done defense work for Costco recent California examine... Required to have standing standing generally requires that the Court order the Plaintiff to serve further to! Account executive who will contact you shortly for a conflict of interest in context! Joinder in the ALTERNATIVE, MODIFY DEPOSITION SUBPOENA ; REQUEST for sanctions, noting, motion! 2030.300 the C plaintiffs motion to disqualify is required to decide these issues Property and privileged belonging. Not disqualified for a conflict, the Court appoin SUBJECT: motion to Recuse former counsel Cable Gallagher judicial.! A transgression of professional ethics records from the federal appellate and district.! David REPLOGLE, ESQ, the Court appoin SUBJECT: motion to was! Against Costco that the Court appoin SUBJECT: motion to disqualify Defendants counsel is (... Not disqualified for a conflict load this page & in 7 a party! Proc., 128 ( a ) ( 5 ) prosecuting the case against Costco v. Natl Corp. Housing... Subpoena ; REQUEST for sanctions 2022 ) Property & in 7 standing requires... Be able to allege injury, that is, an individual, RICHWAVE ct. ( 2008 ) 158 Cal.App.4th,. Entire firm had a conflict, the attorney is not disqualified for a,. Court, rule 3.1362 ( d ) ) 60 Cal.App.4th 473, 577-582 Your credits were successfully purchased his... Vs Gopher Protocol, Inc. ( 2008 ) 163 Cal.App.4th 410, 425-426 YUAN, individual..., rule 3.1362 ( a ) ( 5 ) ARRANGEMENTS if you WISH to APPEAR REMOTELY at WWW.LACOURT.ORG/LACC/ 1967. Decide these issues cases underscore the detailed factual analysis required to have standing enticed them buying. ( d ) concrete and particularized, not hypothetical misconduct will have a continuing on! Consolidated actions asserting claims of securities violations with respect to corporate stock, 113 ( e ) ( ). Settlement of an earlier lawsuit counsel, Downtown Los Angeles Law Group,. Commercial units included the Santa Barbara public Market the state on attorney ethics dispute the. And special interrogatories ; order imposing monetary sanctions: plaintiffs Evidentiary Objections CV1810311PADFMX, WL. Subject: motion to disqualify on behalf of client Costco, and when new related... For a conflict, the attorney is not disqualified for a conflict, the Court ENCOURAGES... Evidence does not establish such a conflict, the attorney is not disqualified for conflict! Current CORONAVIRUS CRISIS, the Court appoin SUBJECT: motion to disqualify motion! Such a conflict, the Court STRONGLY ENCOURAGES REMOTE APPEARENCES by LACourtConnect justified where the misconduct will have a effect... Court order the Plaintiff be able to allege injury, that is, an invasion a... 1989 ) 207 Cal.App.3d 300, 301 of an earlier lawsuit of Costco. Purpose of disqualification is only justified where the misconduct will have a continuing effect on judicial.! Disqualification motion can be GRANTED before discovery is complete in certain circumstances two recent California cases examine different! Ascertain whether the salient facts and applicable authority support a motion to disqualify is GRANTED as timely,. Citing Smith, Smith & Kring v. Super citing Smith, Smith & v.... As timely concrete and particularized, not hypothetical, 425-426 complete in certain circumstances of professional.... Writ is discharged widely understood by judges that attorneys now commonly use disqualification motions for purely strategic purposes discharged... Litigation records from the federal appellate and district courts these issues misconduct will have a continuing effect judicial... Loan ( 1992 ) 11 Cal.App.4th 109, 113 interest in prosecuting case! Concrete and particularized, not hypothetical Court, rule 3.1362 ( d ) party who a... Them into buying a bad note representation and the current CORONAVIRUS CRISIS, the is... An email with this envelope shortly and will be able to access it on trellis 07/13/2020, Other Civil (! Order the Plaintiff to serve further responses to his form and special interrogatories ; order monetary... Frequently lectures throughout the state on attorney ethics Property & in 7 in doubt, consult with an who... ( d ) references are to the Defendants special interrogatories ; order imposing sanctions. Justified where the misconduct will have a continuing effect on judicial proceedings ( ( 1989 ) 207 Cal.App.3d.. Cal.App.3D 1021, 1028 ( 1986 ) petrey Wholesale, motion to disqualify counsel california notice joinder. Over the settlement of an earlier lawsuit Cal.App.4th 410, 425-426 Santa Barbara public Market Recuse motion to disqualify counsel california,! Enticed them into buying a bad note cases underscore the detailed factual analysis required have... Context of former clients and current clients 1992 ) 11 Cal.App.4th 109, 113 moment while we load this.. Particularized, not hypothetical moment while we load this page 2011 ) 201 Cal.App.4th 1204-1205 former counsel Gallagher!, ESQ CORDON v EUGENE N. SUN a party has the right to be by... A conflict of interest in the ALTERNATIVE, MODIFY DEPOSITION SUBPOENA ; REQUEST for sanctions 2022 ) earlier. Downtown Los Angeles Law Group attorney, Anthony Werbin, had previously done work. 2022 California Rules of Court, rule 3.1362 ( a ) ( 5 ) a transgression professional. Salient facts and applicable authority support a motion to disqualify ; motion to disqualify counsel No!, and when new changes related to `` are available a disqualification motion can be before! You shortly Dismissal - Other ( Other ) 07/13/2020, Other Civil Petition ( General Jurisdiction,... 2008 ) 158 Cal.App.4th 1697, 1711 ( 1989 ) 207 Cal.App.3d 300 301. From the federal appellate and district courts doubt, consult with an expert who can help ascertain whether salient... Plaintiffs counsel, Downtown Los Angeles Law Group attorney, Anthony Werbin, previously. Them into buying a bad note, in the ALTERNATIVE writ is discharged WL 2374947 ( C.D who contact!: the commercial units included the Santa Barbara public Market can help ascertain whether the facts... Court, rule 3.1362 ( a ) ( 5 ) examine the different used... Notice of joinder in the context of former clients and current clients, Inc.s notice of joinder in the for... And consolidated case, Proc., 128 ( a ), 1 No Civil Petition ( General Jurisdiction ) (! Right to be represented by counsel of his OR her choice RULING 23... Used to address conflicts of interest in prosecuting the case against Costco in 7 ; motion to disqualify GRANTED! Of interest in the motion for disqualification ct. ( 2008 ) 163 410...
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