Other Grounds Exist to Disqualify Counsel Petrey Wholesale, Inc.s notice of joinder in the motion to disqualify is GRANTED as timely. Moving Party: Plaintiff Cleve Pell 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. Grounds: A. 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. Disqualification is only justified where the misconduct will have a continuing effect on judicial proceedings. Sheller v. Super. Your credits were successfully purchased. Your alert tracking was successfully added. Resp. She reminds the Court that mother had brought a motio ..is no court order for the appointment of the mediator, and (3) a MSA not merged into a judgment is only a contract subject to contract defenses. 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. The commercial units included the Santa Barbara Public Market. 1 All statutory references are to the Code of Civil Procedure unless otherwise stated. Sharon Collier prevailed on a motion to disqualify on behalf of client Costco. Bank v. Adams (2002) 96 Cal.App.4th 315, 327. Accessing Verdicts requires a change to your plan. Your content views addon has successfully been added. 16 and SHYH-CHYI WONG, an individual, and TENTATIVE RULING: Notice of Joinder 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). try clicking the minimize button instead. To comply with rule 3.1362, the moving party must submit the following forms: Cal. 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. 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.. Nature of Proceedings: Motion: Disqualify Counsel filed by Alma Del Pueblo (Sharp v. Next Entertainment, Inc. (2008) 163 Cal.App.4th 410, 424, fn. James Scafide /Tyler Sprague of Scafide law Firm, PC for plaintiff Is Attorney A out of luck and off the case? The Georgia Court of Appeals recently granted a petition for interlocutory review filed by Atlanta Partners Wayne Melnick, Michael Freed, and Wes Jackson, of. 1. VS GOPHER PROTOCOL, INC. . This matter was last on calendar on 1/6/10. 394 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. 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 3 DCH Health Services Corp. v. Waite (2002) 95 Cal.App.4th 829, 832. When are two representations substantially related? 114546.) DOES 1 through 20, inclusive, 9 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; ANALYSIS 114546.) Notice of Motion and Motion to be Relieved as Counsel; Declaration in Support of Attorney's Motion to be Relieved as Counsel; and. at 1359. 1 - 2: SUSTAINED. (Defendants Ex Parte Application to Continue Trial, p. 2:18-19; Skvarna Declaration.) (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? Case: Jeffrey E. Mitchell v. Stratus Media Group, Inc., et al., Your content views addon has successfully been added. 4th 1197, 1204-1205. RWJ ADVANCED MARKETING, LLC ET AL. The fact that the attorney has rendered valuable services under his employment, or that the client is indebted to him therefor, or for moneys advanced in the prosecution or defense of the action, does not deprive the client of this right. Fracasse v. Brent (1972) 6 Cal.3d 784, 790. of Corp. v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1145; Code Civ. FMGs San Francisco appellate team obtained an affirmance from the California Court of Appeals of a trial courts denial, Georgia Court of Appeals Grants Petitions for Interlocutory Appeal to Two Cases Handled by FMG Tort and Appellate Teams, Friendship Enterprises, Inc., d/b/a Elevation Chophouse v. Hasty, (Ga. Ct. 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. Two recent California cases examine the different standards used to address conflicts of interest in the context of former clients and current clients. 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. Great Lakes Construction, Inc. v. Burman (2010) 186 Cal.App.4th 1347, 1355. Where the substance and necessity of the attorney's testimony is unknown, a decision on disqualification should await discovery. We have notified your account executive who will contact you shortly. 393 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. If you wish to keep the information in your envelope between pages, Rule 1.9(c) prohibits attorneys from using information protected by Business and Professions Code section 6068(e) with respect to former clients. the matters involved in both representations are substantially related, and . 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 19-00099-DKW-KJM, District of Hawaii - Free download as PDF File (.pdf), Text File (.txt) or read online for free. and consolidated case, "[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 . TENTATIVE RULING: 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 DCH Health Services Corp. v. Waite (2002) 95 Cal.App.4th 829, 832. Cal. Only a party who has (or has had) a fiduciary relationship with a lawyer has standing to disqualify the lawyer. 1 try clicking the minimize button instead. Nos. Party: Defendants The Montebello Unified School District and The Montebello Unified School District Board of Education 1 - 2: SUSTAINED. 10 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. Santa Barbara County Superior Court 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. It appears that Plaintiffs unsuccessful attempt to disqualify opposing counsel was the result of a lack of sufficient factual and legal research and analysis, apparently due in part to the difficulty of obtaining complete records about an alleged attorney-client relationship many years ago. (See Enventure Global Technology Inc. v. Weatherford U.S. LP, U.S. District Court for the Southern District of Texas, Case Number 4:19-cv-02397, Order dated December 11, 2020). Jeffrey E. Mitchell v. Stratus Media Group, Inc., et al. Great Lakes Construction, Inc. v. Burman (2010) 186 Cal.App.4th 1347, 1355. 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). Motions to disqualify counsel present competing policy considerations. 3 DISCUSSION The denial of a motion to disqualify counsel is an appealable order. 1000 Motion for: RWJ ADVANCED MARKETING, LLC ET AL. Rptr. James Li and his firm 4 LiLaw, Inc. (together, Li) represented Epic. Your recipients will receive an email with this envelope shortly and 19) is GRANTED. The current representation must be substantially related to the former representation to constitute a disqualifying conflict. v. Wilshire Bank, et al. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: 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). 8 An attorney may not ethically represent a client whose interests conflict with a former client absent the former client's informed written consent. Your subscription has successfully been upgraded. Adding your team is easy in the "Manage Company Users" tab. You will lose the information in your envelope, Cal. 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. at 1359. Sept. 14, 2020), the court decided a motion to disqualify brought by the defendant in a wage and hour class action. Accessing Verdicts requires a change to your plan. 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. Instead, the substantial relationship test controls. Plaintiffs Evidentiary Objections (3) MOTION TO QUASH OR, IN THE ALTERNATIVE, MODIFY DEPOSITION SUBPOENA; REQUEST FOR SANCTIONS In the underlying cases, the plaintiff property owner sought a special, Cisco Cleared In $371M Software Patent Trial in Massachusetts, A jury in the U.S. District Court in Boston ruled in favor of Cisco Systems Inc. in a $371 million patent suit, finding that the California tech giant did not infringe a Massachusetts software companys, Dismissal Based on Eleventh Amendment Immunity in Medical Board Defamation Suit in California, FMG Attorneys Brian Skalsky, Lizel Cerezo, Al Alikin, and Will Hadikusumo, successfully obtained a dismissal with prejudice on behalf of their client, the North Carolina Medical Board (NCMB), in California federal court. DOES 1 through 20, inclusive, 3d 545]. 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. A recent decision from Westchester Commercial Division Justice Linda Jamieson presents an interesting contrast to a case we discussed in an earlier post.In Prisco v. L'Aquila Realty LLC, Index No. Nos. 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. 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. 58654/2018, Petitioner moved to disqualify opposing counsel, who was deposed in the case and certain to be called as a witness at trial.Petitioner argued that, pursuant to Rule 3.7 of the Rules of . Great Lakes Construction, Inc. v. Burman (2010) 186 Cal.App.4th 1347, 1355. The plaintiffs counsel, Downtown Los Angeles Law Group attorney, Anthony Werbin, had previously done defense work for Costco. Kinchen highlights Californias general rejection of disqualification based on the playbook theory. Kinchen further highlights that a rule violation by itself will not necessarily require the sanction of disqualification. 3 390 12 YI-CHING PAO, an individual, 13 Plaintiff, TENTATIVE RULING RE: MOTION TO DISQUALIFY 14 vs. We have notified your account executive who will contact you shortly. 2 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. [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. 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. 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. [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. [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. Before Trial (The Rutter Group 2016) 9:382. "[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 . Tentative Ruling Santa Barbara County Superior Court of Corp. v. SpeeDee Oil Change Systems, Inc. (SpeeDee) (1999) 20 Cal.4th 1135, 114546. at 1145. Discussion Petrey Wholesale, Inc. Party: Defendants The Montebello Unified School District and The Montebello Unified School District Board of Education 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. 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. 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. Gilbert v. Natl Corp. for Housing Partnerships (1999) 71 Cal.App.4th 1240, 1258, citing Smith, Smith & Kring v. Super. [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. 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 purpose of disqualification is not to punish a transgression of professional ethics. A complaining party who files a motion to disqualify is required to have standing. 4 No. 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. Discussion: [A] highly speculative and tactical interest does not meet the standing requirements. Id. Petrey Wholesale, Inc.s notice of joinder in the motion to disqualify is GRANTED as timely. [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. Shandralina G. v. Homonchuk (2007) 147 Cal.App.4th 395, 409. She frequently lectures throughout the state on attorney ethics. What are the consequences of counsel failing to give counsel a reason for their failure to comply with a motion of motion? 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. 21-13847 (11th Cir., July 1, 2022). Motion to Disqualify Counsel (2) Cross-Defendant W.L. (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? Gilbert v. Natl Corp. for Housing Partnerships (1999) 71 Cal.App.4th 1240, 1258, citing Smith, Smith & Kring v. Super. Nos. Not necessarily. Your subscription has successfully been upgraded. Nature of Proceedings: Motion to Disqualify; Motion to Amend 4th 1197, 1204-1205. at 1145. 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 . Hahn Declaration Petrey Wholesale, Inc.s notice of joinder in the motion to disqualify is GRANTED as timely. DONE and ORDERED in Tampa, Florida on April 11, 2016. These cases underscore the detailed factual analysis required to decide these issues. Alison Buchanan is a shareholder with Hoge, Fenton, Jones & Appel, in San Jose, California. BACKGROUND In that matter, a former USPS employee sued the USPS for retaliation following the employees termination. 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. On December 28, 2011, the court appoin SUBJECT: Motion to Disqualify Counsel There, the firm representing plaintiffs also represented the defendants former human resources employees as plaintiffs in a separate matter against the same employer defendant. BACKGROUND: Your subscription was successfully upgraded. Kane v. Chobani, Inc MOTION to Disqualify Counsel. the principal that the fair resolution of disputes requires vigorous representation of parties by independent counsel. The alternative writ is discharged. Department 5 Discussion: RWJ ADVANCED MARKETING, LLC ET AL. b) Order compelling the Plaintiff to serve further responses to the Defendants special interrogatories; order imposing monetary sanctions. Your subscription has successfully been upgraded. App. Rptr. January 9, 2012 Accessing Verdicts requires a change to your plan. You will lose the information in your envelope, Points and Authorities ISO Attorneys' Fees, KERN WATER BANK AUTHORITY VS KERN LOCAL AGENCY FORMATION COMMISSION, DECLARATION IN SUPPORT OF ATTORNEY'S MOTION TO BE RELIEVED AS COUNSEL (20S, Vijay Lathi, et al vs. Nilufar Gamini, et al, PROOF OF SERVICE (20STCV16906) (TRANSACTION ID # 68849034) FILED BY PLAINT, Ex Parte Application - Notice Required - for TRO the Trustee's Sale, Gregory Allen Hood et al vs Mark Ginkel MD et al, SAN MATEO-FOSTER CITY SCHOOL DISTRICT vs. DAVID SWIFT, et al, MOHFEI GEH vs. LYDIA OSORIO BARTOLOME, et al, Julie Pavlina San Giorgio vs Stephen Pavlina, Jr. et al. Your recipients will receive an email with this envelope shortly and Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. FMG Attorney Philip Savrin obtained an appellate victory in an insurance coverage case that arose from property damage to a, FMG Attorney Michael Hill Secures Affirmance of Summary Judgment in Case Alleging Violations of a Public Employees First Amendment Rights, Silvia Cotriss v. City of Roswell, et al., Case No. Ct. App. Santa Barbara County Superior Court California, 494 U.S. 1039 (1990) . Upon the consent of both client and attorney, filed with the clerk, or entered upon the minutes; 2. Ct. (1997) 60 Cal.App.4th 473, 577-582. Proc., 128(a)(5). (2) Cross-Defendant W.L. Notice of Joinder 2:2017-cv-02331-AB-JC MOTION TO DISQUALIFY GREENBERG TRAURIG, LLP AS COUNSEL FOR DEFENDANT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT NO OTHER TYPES OF REMOTE APPEARANCES ARE AVAILABLE FOR THIS PARTICULAR COURTROOM, INCLUDING COURT CALL. 385 the principal that the fair resolution of disputes requires vigorous representation of parties by independent counsel. will be able to access it on trellis. from Texas Tech University School of Law. Adams v. Aerojet General Corp. (2001) 86 Cal.App.4th 1324, 1331; In re Marriage of Zimmerman (1993) 16 Cal.App.4th 556, 563564. We will email you 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. March 5, 2013 March 5, 2013 1370707 The motion to disqualify Defendants counsel is DENIED. VS GOPHER PROTOCOL, INC. Ct. (2008) 158 Cal.App.4th 1697, 1711. of Corp. v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1145; Code Civ. Gilbert v. Natl Corp. for Housing Partnerships (1999) 71 Cal.App.4th 1240, 1258, citing Smith, Smith & Kring v. Super. 7 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. 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. Your alert tracking was successfully added. [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. ..motion to compel further responses to special interrogatories; 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. You can always see your envelopes (Dino v 9 COUNTY OF SANTA CLARA 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. Earl Scheib, Inc. v. Super. Lucy H. Koh. There are consolidated actions asserting claims of securities violations with respect to corporate stock. (Lira, I) Download PDF. [D]isqualification motions involve a conflict between the clients right to counsel of their choice and the need to maintain ethical standards of professional responsibility [Citation.] 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. 1. and consolidated case, 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. MOTION to Disqualify Counsel BRIDGES & MAVRAKAKIS LLP filed by Samsung Electronics America, Inc., Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. BACKGROUND: 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. 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. 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. This presumption, if applicable, is conclusive and is thus, by definition, not rebuttable. Ct. (1967) 253 Cal.App.2d 703, 707. Plaintiff Cleve Pell filed suit on October 16, 2017 against Defendants The Montebello Unified School District ..basis for the continuance. 1370707 Id. The injury must be concrete and particularized, not hypothetical. Id. 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. 15 NINA YUAN, an individual, RICHWAVE 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. IF YOU APPEAR IN PERSON AT T ..NG PARTY(S): Defendants James Hyojin Ahn and Robert Ahn CCP section 2030.300 the C Plaintiffs Motion to Recuse Former Counsel Cable Gallagher. 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. 6 Nos. The only remaining Plaintiff is Green Mutual Property & Investment Co. Petrey Wholesale, Inc. ORDER GRANTING MOTION TO RECUSE DAVID REPLOGLE, ESQ. Ct. (2008) 158 Cal.App.4th 1697, 1711. ET AL. 279 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 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. Discussion of Corp. v. SpeeDee Oil Change Systems, Inc. (SpeeDee) (1999) 20 Cal.4th 1135, 114546. First, there must be a substantial relationship between the former representation and the current representation. Henriksen v. Great American Savings & Loan (1992) 11 Cal.App.4th 109, 113. Department 5 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. Rptr. 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." In 2009, Epic settled its claims against Ali 5 Corporation. Id. What constitutes adversity? MOVING PARTY: (1) Plaintiffs Robert Warren Jackson and Gregory Bauer; by clicking the Inbox on the top right hand corner. Sharon C. Collier Accessing Verdicts requires a change to your plan. 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. Your subscription was successfully upgraded. and consolidated case, Accordingly, it is ORDERED that Plaintiff's Unopposed Motion to Disqualify Counsel, Christopher Jallo, from Trial (Dkt. Hahn Declaration vs. MASTAR PROFESSIONAL CORP, et al, Professional Negligence Attorney Malpractice, Julie Pavlina San Giorgio v. Pavlina, Jr., et al. 2 Last. James Li and his firm 4 LiLaw, Inc. (together, Li) represented Epic. The court noted that whether disqualification was warranted hinged on whether the two representations were substantially related.. Plaintiffs Evidentiary Objections A party has the right to be represented by counsel of his or her choice. Other courts permit disqualification on a different basis, holding that standing is established so long as the lawyer owed a duty of confidentiality to the complaining party and breached it. The paramount concern must be to preserve public trust in the scrupulous administration of justice and integrity of the bar. Id. Additional sections are $99 each. Proc., 284. Whether an attorney should be disqualified is a matter addressed to the sound discretion of the trial court. 23 This action arises from a dispute over the settlement of an earlier lawsuit. [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. Order Granting Attorney's Motion to be Relieved as Counsel. The purpose of disqualification is not to punish a transgression of professional ethics. 4 You can always see your envelopes Sample motion to disqualify opposing counsel in federal court (pursuant California rules professional responsibility). Nos. 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. 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. 16 and SHYH-CHYI WONG, an individual, and Disqualification is only justified where the misconduct will have a continuing effect on judicial proceedings. Sheller v. Super. She is a co-vice chair and founding member of the Ethics Committee of the California Lawyers Association. 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. [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. 7 Your content views addon has successfully been added. Shandralina G. v. Homonchuk (2007) 147 Cal.App.4th 395, 409. [D]isqualification motions involve a conflict between the clients right to counsel of their choice and the need to maintain ethical standards of professional responsibility [Citation.] Ct. (2004) 122 Cal.App.4th 17, 23. 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. Replies due . 3d 545]. Enter the email associated with you account. 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. 1000 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. 9 Ct. (2013) 221 Cal.App.4th 409, 449. We will email you 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. A trial court's decision on a disqualification motion is reviewed for abuse of discretion. ET AL. "[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 . 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. (1967) 253 Cal.App.2d 703, 707. Case: Jeffrey E. Mitchell v. Stratus Media Group, Inc., et al., Discussion: "[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 Nature of Proceedings: Motion to Disqualify; Motion to Amend Last. When in doubt, consult with an expert who can help ascertain whether the salient facts and applicable authority support a motion for disqualification. Cross-Defendant W.L. 1 - 7: SUSTAINED. (Dino v 9 COUNTY OF SANTA CLARA 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. I am a litigation attorney and practice in the . Motion Hearing set for 8/18/2011 01:30 PM in Courtroom 4, 5th Floor, San Jose before Hon. 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. 5 H. F. Ahmanson & Co. v. Salomon Brothers, Inc. (1991) 229 Cal.App.3d 1445, 1454. 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 . 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. Mar. Protection of the attorney-client privilege is not the only ground for a motion to disqualify an attorney. Kennedy v. Eldridge (2011) 201 Cal. 1104.07000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; Bias or Prejudice/Motion to Disqualify. (Defendants Ex Parte Application to Continue Trial, p. 2:18-19; Skvarna Declaration.) 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)). Petrey Wholesale, Inc. 1370707 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. NO. January 9, 2012 Let a peremptory writ of mandate issue commanding respondent superior court to vacate its order denying petitioner's motion for disqualification of the law firm of Barr, Newlan & Sinclair as counsel for real parties David Oscar Cook and Pincin Trucking and to make a new order granting the motion. (2) NOTICE OF JOINDER; a) Order compelling the Plaintiff to serve further responses to the Defendants form interrogatories; order imposing monetary sanctions. TECHNOLOGY, INC., a Taiwan corporation, Plaintiff moves for a court order to substitute plaintiffs initial counsel of record in this litigation for replacement counsel that plaintiff has retained. Dept. Notice of Joinder 10 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. Protection of the attorney-client privilege is not the only ground for a motion to disqualify an attorney. Kennedy v. Eldridge (2011) 201 Cal. ORDER ON MOTION TO DISQUALIFY PLAINTIFFS' COUNSEL 294 signed by District Judge Lawrence J. O'Neill on October 13, 2010. more analytics for Wilfred J Schneider, Jr. ~CIV Minute Order - Motion to Disqualify Counsel 08/12/2020 - Motion to Di, ~CIV Minute Order - Motion to Disqualify Counsel 12/09/2019 - Motion to Di, ADRIANNE ADAMS vs WEST MARINE PRODUCTS, INC., A CALIFORNIA CORPORATION, Motion to Disqualify Counsel 04/27/2018 - Motion to Disqualify Counsel. when new changes related to " are available. After acknowledging the competing policy considerations that must be balanced when a motion to disqualify counsel is brought (207 Cal.App.3d at pp. In 2009, Epic settled its claims against Ali 5 Corporation. 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. [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. App.). San Francisco Walnut Creek, CA | San Francisco Downtown, CA, Dismissal of a Petition for Writ of Certiorari, FMG Attorneys Amy Cowan and Nicolas Bohorquez obtained the dismissal of a complaint for writ of mandamus on behalf of the City Council of Peachtree City (City Council) in Fayette County Superior Court. Id. The views expressed herein are her own. 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. MOVING PARTY: (1) Plaintiffs Robert Warren Jackson and Gregory Bauer; Your recipients will receive an email with this envelope shortly and 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. (California, United States of America) Cross-Defendant W.L. 12 YI-CHING PAO, an individual, 13 Plaintiff, TENTATIVE RULING RE: MOTION TO DISQUALIFY 14 vs. In assessing motions to disqualify based on conflicts, Colorado courts also consider (1) a client's preference for a particular counsel, (2) the client's right to confidentiality in communications with his or her attorney, (3) the integrity of the judicial process, and (4) the nature of the particular conflict of interest involved. Court-Ordered Dismissal - Other (Other) 07/13/2020, Other Civil Petition (General Jurisdiction), 1 The motion to disqualify Defendants counsel is DENIED. (3) MOTION TO QUASH OR, IN THE ALTERNATIVE, MODIFY DEPOSITION SUBPOENA; REQUEST FOR SANCTIONS ANALYSIS Plaintiff moves to recuse counsel for Defendants James Hyojin Ahn and Robert Ahn. In July 2013, Attorney Spitzer filed a motion to dismiss or convert the Debtors' chapter 11 case. Ct., 177 Cal.App.3d 1021, 1028 (1986). 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. Ct., 177 Cal.App.3d 1021, 1028 (1986). The motion to disqualify Defendants counsel is DENIED. Plaintiff argues: plaintiff has been effectively abandoned by initial counsel, the Cable Gallagher firm; plaintiff has retained a new law firm to represent him in this action; and p ..e motion in the courts file. Judge Colleen K. Sterne No. The attorney in an action or special proceeding may be changed at any time before or after judgment or final determination, as follows: It has long been recognized in this state that the clients power to discharge an attorney, with or without cause, is absolute. Dept. Ct. (2004) 122 Cal.App.4th 17, 23. 43. 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. Plaintiffs Evidentiary Objections TECHNOLOGY, INC., a Taiwan corporation, Bauer Declaration Only a party who has (or has had) a fiduciary relationship with a lawyer has standing to disqualify the lawyer. You will then receive a link in your inbox to reset your password. Lawyers, and sometimes courts, struggle with complicated questions about conflicts of interest. On December 28, 2011, the court appoin SUBJECT: Motion to Disqualify Counsel 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. at 1358. Brennan, No. when new changes related to " are available. 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. (3) Defendant/Cross-Complainant Gopher Protocol, Inc. N.D. Cal. In appeal handled by Atlanta Partners Michael Freed and Brian Goldberg, the Eleventh Circuit affirmed the dismissal of a plaintiffs wrongful, FMG Appellate Team Obtains Victory for Nonprofit Corporation in California Court of Appeals, Jason A Bezis v. Livermore Heritage Guild, Case 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.. will be able to access it on trellis. 15 NINA YUAN, an individual, RICHWAVE 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. 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. 389 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. Ct. (1997) 60 Cal.App.4th 473, 577-582. 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 plaintiff's counsel's prior employment by the defendant; and (2) plaintiff's counsel's improper receipt of information, procured by communicating with defendant's managing agent in an alleged violation of the "no contact" rule. Cal. Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915; People v. Prince (1968) 268 Cal.App.2d 398. 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. [D]isqualification motions involve a conflict between the clients right to counsel of their choice and the need to maintain ethical standards of professional responsibility [Citation.] 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. 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. at 1145. (Lead Case; Consolidated Action), Jeffrey Mitchell vs Stratus Media Group Inc et al, CLEVE PELL VS THE MONTEBELLO UNIFIED SCHOOL DISTRICT ET AL. 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 . 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., 177 Cal.App.3d 1021, 1028 (1986). TECHNOLOGY, INC., a Taiwan corporation, Exchange v. Fireman's Fund . Ct. by clicking the Inbox on the top right hand corner. A court in its discretion will determine the appropriate sanction necessary to preserve the scrupulous administration of justice and the integrity of the bar.. Rules of Court, rule 3.1362(d). the principal that the fair resolution of disputes requires vigorous representation of parties by independent counsel. 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. 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; 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. The plaintiff was represented by counsel who had previously worked as an Assistant United States Attorney (AUSA). We have notified your account executive who will contact you shortly. Alternate trial counsel must make an appearance in this case on Defendant's behalf within thirty (30) days of this Order. TENTATIVE RULING: Tentative Ruling California. The injury must be concrete and particularized, not hypothetical. Id. 22 I. RULING: The motion is deni ..first amended complaint (FAC) on December 19, 2018. 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. 1 No. An attorney may be recused [u]pon the order of the court, upon the application of either client or attorney, after notice from one to the other. Code Civ. Therefore, Sharon argued that. etc), #9 (Tommy is demonstrating increasing maturity; subtle shifts occurring; thrust of efforts be shared; confidential, etc) Case No. 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. Dept. [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. v. A160921 (Cal. An order denying a motion to disqualify counsel does not require anyone to do anything. 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. (3) Defendant/Cross-Complainant Gopher Protocol, Inc. 42 MARCH 2009 CALIFORNIA LAWYER trade secrets and unfair competition. We will email you 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. Cal. USA Motion to Disqualify Defense Counsel, CR. Ct. (1997) 60 Cal.App.4th 473, 577-582. 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). Moving Party: Plaintiff Cleve Pell Responses due by 7/25/2011. (Defendants Ex Parte Application to Continue Trial, p. 2:18-19; Skvarna Declaration.) During his employment as an AUSA, the plaintiffs counsel had represented the government in both criminal and civil matters, including defending employment law claims involving the USPS. 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.
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