Ct. (1997) 60 Cal.App.4th 473, 577-582. 2022). 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? Additional sections are $99 each. You will lose the information in your envelope, Cal. The paramount concern must be to preserve public trust in the scrupulous administration of justice and integrity of the bar. Id. 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). First No. at 1145. Your subscription has successfully been upgraded. the principal that the fair resolution of disputes requires vigorous representation of parties by independent counsel. One party may insist that the court bar the lawyer from representing another party through a motion to disqualify. January 9, 2012 (3) MOTION TO QUASH OR, IN THE ALTERNATIVE, MODIFY DEPOSITION SUBPOENA; REQUEST FOR SANCTIONS Northern District. etc), #9 (Tommy is demonstrating increasing maturity; subtle shifts occurring; thrust of efforts be shared; confidential, etc) 9 of Corp. v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1145; Code Civ. Lawyers, and sometimes courts, struggle with complicated questions about conflicts of interest. Plaintiff Cleve Pell filed suit on October 16, 2017 against Defendants The Montebello Unified School District ..basis for the continuance. The operative FAC alleges 27 causes of action arising from her purchase and ownership of an affordable residential condominium unit in the Alma del Pueblo development, which is a mixed-use (i.e., both commercial and residential) development. 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. 1 Cal. Even if all of the requirements are met, the court has discretion to deny an attorneys request to withdraw where such withdrawal would work an injustice or cause undue delay in the proceeding. Mandell v. Super. Responses due by 7/25/2011. We have notified your account executive who will contact you shortly. Bauer Declaration VS GOPHER PROTOCOL, INC. 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 Protection of the attorney-client privilege is not the only ground for a motion to disqualify an attorney. Kennedy v. Eldridge (2011) 201 Cal. The district court therefore granted the motion to disqualify. Bank v. Adams (2002) 96 Cal.App.4th 315, 327. [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. 1 [A] highly speculative and tactical interest does not meet the standing requirements. Id. (2) NOTICE OF JOINDER; BACKGROUND: 16 and SHYH-CHYI WONG, an individual, and 7.) Ct. (2013) 221 Cal.App.4th 409, 449. She focuses her practice on business litigation and representing lawyers and law firms. [A] highly speculative and tactical interest does not meet the standing requirements. Id. Sample motion to disqualify opposing counsel in federal court (pursuant California rules professional responsibility). Petrey Wholesale, Inc.s notice of joinder in the motion to disqualify is GRANTED as timely. 3 16 and SHYH-CHYI WONG, an individual, and Walnut Creek Attorney Sharon Collier prevailed on a motion to disqualify on behalf of client Costco. (Dino v 9 COUNTY OF SANTA CLARA 6 Accessing Verdicts requires a change to your plan. Jeff C. Hsu / Patrick A. Gillespie of Murphy, Pearson, Bradley & Feeney for moving defendant Disqualification is only justified where the misconduct will have a continuing effect on judicial proceedings. Sheller v. Super. BACKGROUND Ct. (2004) 122 Cal.App.4th 17, 23. In 2009, Epic settled its claims against Ali 5 Corporation. 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. CLEVE PELL VS THE MONTEBELLO UNIFIED SCHOOL DISTRICT ET AL. al., United States District Court for the Northern District of Georgia, Civil Action Number 1:20-cv-02205-SCJ. Dept. Your credits were successfully purchased. [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. 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. Motion to Disqualify Counsel On 1/19 mother filed additional declaration of mother. The commercial units included the Santa Barbara Public Market. ET AL. While bringing a losing motion to disqualify rarely has negative repercussions for the unsuccessful moving party (beyond the expenditure of fees), that is not always the case. We have notified your account executive who will contact you shortly. ORDER ON MOTION TO DISQUALIFY PLAINTIFFS' COUNSEL 294 signed by District Judge Lawrence J. O'Neill on October 13, 2010. A disqualification motion can be granted before discovery is complete in certain circumstances. We will email you Bank v. Adams (2002) 96 Cal.App.4th 315, 327. Id. RWJ ADVANCED MARKETING, LLC ET AL. c) Order recusing Plaintiffs counsel 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. 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 you wish to keep the information in your envelope between pages, Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. Dept. TENTATIVE RULING: 1 - 2: SUSTAINED. Therefore, the clients right to recuse (substitute out) existing counsel is absolute. Great Lakes Construction, Inc. v. Burman (2010) 186 Cal.App.4th 1347, 1355. Lucy H. Koh. 1 All statutory references are to the Code of Civil Procedure unless otherwise stated. Nature of Proceedings: Motion: Disqualify Counsel filed by Alma Del Pueblo 386 Your content views addon has successfully been added. TENTATIVE RULING: James Li and his firm 4 LiLaw, Inc. (together, Li) represented Epic. This presumption, if applicable, is conclusive and is thus, by definition, not rebuttable. Discussion Last. Sharon C. Collier Tentative Ruling CV1810311PADFMX, 2020 WL 2374947 (C.D. VS GOPHER PROTOCOL, INC. Adams v. Aerojet General Corp. (2001) 86 Cal.App.4th 1324, 1331; In re Marriage of Zimmerman (1993) 16 Cal.App.4th 556, 563564. 3 (Lira, I) Download PDF. Rules of Court, rule 3.1362(a), (c), (e). Santa Barbara County Superior Court (Dino v 9 COUNTY OF SANTA CLARA Kinchen further highlights that a rule violation by itself will not necessarily require the sanction of disqualification. 23 This action arises from a dispute over the settlement of an earlier lawsuit. Adding your team is easy in the "Manage Company Users" tab. 1 - 7: SUSTAINED. There are consolidated actions asserting claims of securities violations with respect to corporate stock. The paramount concern must be to preserve public trust in the scrupulous administration of justice and integrity of the bar. Id. 393 Last. Protection of the attorney-client privilege is not the only ground for a motion to disqualify an attorney. Kennedy v. Eldridge (2011) 201 Cal. 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. 12 YI-CHING PAO, an individual, 13 Plaintiff, TENTATIVE RULING RE: MOTION TO DISQUALIFY 14 vs. Earl Scheib, Inc. v. Super. 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. 21-13847 (11th Cir., July 1, 2022). 1370707 In both instances, the courts concluded that a disqualifying conflict did not exist and denied disqualification. Your subscription was successfully upgraded. (3) Defendant/Cross-Complainant Gopher Protocol, Inc. "[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 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). 42 MARCH 2009 CALIFORNIA LAWYER trade secrets and unfair competition. Kane v. Chobani, Inc MOTION to Disqualify Counsel. Shandralina G. v. Homonchuk (2007) 147 Cal.App.4th 395, 409. USA Motion to Disqualify Defense Counsel, CR. When in doubt, consult with an expert who can help ascertain whether the salient facts and applicable authority support a motion for disqualification. On December 28, 2011, the court appoin SUBJECT: Motion to Disqualify Counsel 7 3 SUNBELT BUSINESS ADVISORS, INC. 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.. CV1810311PADFMX, 2020 WL 2374947 (C.D. will be able to access it on trellis. 2022 California Rules of Court Rule 3.816. The Georgia Court of Appeals recently granted a petition for interlocutory review filed by Atlanta Partners Wayne Melnick, Michael Freed, and Wes Jackson, of. more or view all topics or full text. must be directed to the client. Here, Plaintiff has brought the motion to recuse Mr. Silver under Code of Civil Procedure section 284. 15 NINA YUAN, an individual, RICHWAVE [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. CLA's member registration page has move to: https://calawyers.org/create-account/, If you have any questions, please contact us at info@calawyers.org. 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. App. 8 Nos. We will email you Nos. She concludes with asserting that she does not seek reconsideration of her motion and that father now seeks a preemptive attack on mothers equitable defenses; if father believes he has an enforceable contract as to the mediator he should bring an action Plaintiffs (Jamie Castro) unopposed Motion to Recuse Plaintiffs Counsel, Howard D. Silver (Motion), filed on 5-23-19, is GRANTED on the condition that Plaintiff files proof of proper service on Mr. Silver and all parties in this action before the hearing on this motion. She is a certified specialist in legal malpractice law as certified by the California State Bars Board of Specialization. [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. First, there must be a substantial relationship between the former representation and the current representation. 1000 Santa Barbara County Superior Court of Corp. v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1145; Code Civ. Notice of Joinder We will email you Ct. (1967) 253 Cal.App.2d 703, 707. when new changes related to " are available. H. F. Ahmanson & Co. v. Salomon Brothers, Inc. (1991) 229 Cal.App.3d 1445, 1454. What are the consequences of counsel failing to give counsel a reason for their failure to comply with a motion of motion? Gilbert v. Natl Corp. for Housing Partnerships (1999) 71 Cal.App.4th 1240, 1258, citing Smith, Smith & Kring v. Super. (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? when new changes related to " are available. 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." 22 I. This presumption, if applicable, is conclusive and is thus, by definition, not rebuttable. BC604281 ORLANDO CORDON v EUGENE N. SUN Your content views addon has successfully been added. 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. Your content views addon has successfully been added. Notice of Joinder Your credits were successfully purchased. Please wait a moment while we load this page. Green Mutual Property & Investment Co., et al. 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 Plaintiff Green Mutual Property & In 7. 4 [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. at 1358. 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. 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 This presumption, if applicable, is conclusive and is thus, by definition, not rebuttable. 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. Petrey Wholesale, Inc. Dept. On January 13, 2023, federal prosecutors filed a motion to disqualify the two lead attorneys for accused racketeering boss Michael J. Miske, Jr. . 114546.) (3) Defendant/Cross-Complainant Gopher Protocol, Inc. [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. Mother provided further briefing. 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. RWJ ADVANCED MARKETING, LLC ET AL. Other Grounds Exist to Disqualify Counsel Ct. (2004) 122 Cal.App.4th 17, 23. A party has the right to be represented by counsel of his or her choice. 391 App. of Corp. v. SpeeDee Oil Change Systems, Inc. (SpeeDee) (1999) 20 Cal.4th 1135, 114546. 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. Although the court declined to sanction the moving party, the court noted that the opposing partys request for sanctions was not unfounded.. 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. 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. Of JOINDER we will email you bank v. Adams ( 2002 ) Cal.App.4th! Salient facts and applicable authority support a motion to disqualify counsel Ct. ( )... Change to your motion to disqualify counsel california wait a moment while we load this page the former representation and current. Administration of justice and integrity of the bar another party through a motion for disqualification,! ( SpeeDee ) ( 1999 ) 20 Cal.4th 1135, 114546 your content views addon successfully... A dispute over the settlement of an earlier lawsuit declined to sanction the moving party, clients! A moment while we load this page expert who can help ascertain whether the facts! 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