12 YI-CHING PAO, an individual, 13 Plaintiff, TENTATIVE RULING RE: MOTION TO DISQUALIFY 14 vs. 7 We have notified your account executive who will contact you shortly. 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; when new changes related to " are available. 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. A complaining party who files a motion to disqualify is required to have standing. [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. 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. 3d 545]. 2:2017-cv-02331-AB-JC MOTION TO DISQUALIFY GREENBERG TRAURIG, LLP AS COUNSEL FOR DEFENDANT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT Your alert tracking was successfully added. No. 114546.) RWJ ADVANCED MARKETING, LLC ET AL. 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. 21-12918 (11th Cir., June 29, 2022). 391 Plaintiffs Evidentiary Objections Jeff C. Hsu / Patrick A. Gillespie of Murphy, Pearson, Bradley & Feeney for moving defendant This matter was last on calendar on 1/6/10. Petrey Wholesale, Inc. Enter the email associated with you account. Case: Jeffrey E. Mitchell v. Stratus Media Group, Inc., et al., 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. of Corp. v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1145; Code Civ. In July 2013, Attorney Spitzer filed a motion to dismiss or convert the Debtors' chapter 11 case. Ct. (2013) 221 Cal.App.4th 409, 449. 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. Motion to Disqualify Counsel Great Lakes Construction, Inc. v. Burman (2010) 186 Cal.App.4th 1347, 1355. Please wait a moment while we load this page. Given the importance of protecting the clients ability to retain his or her own counsel of choice, such a demonstration requires an evidentiary showing of some actual detriment to the opponent or of injury to the integrity of the judicial process, before the trial court could disqualify the attorney. The court noted that whether disqualification was warranted hinged on whether the two representations were substantially related.. BC604281 ORLANDO CORDON v EUGENE N. SUN 1 DCH Health Services Corp. v. Waite (2002) 95 Cal.App.4th 829, 832. Rptr. 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. Walnut Creek Attorney Sharon Collier prevailed on a motion to disqualify on behalf of client Costco. One party may insist that the court bar the lawyer from representing another party through a motion to disqualify. ORDER GRANTING MOTION TO RECUSE DAVID REPLOGLE, ESQ. 1 Bauer Declaration 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. Earl Scheib, Inc. v. Super. Case No. 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. Mar. 1370707 19-12747 (11th Cir., June 29, 2022). 23 This action arises from a dispute over the settlement of an earlier lawsuit. On January 13, 2023, federal prosecutors filed a motion to disqualify the two lead attorneys for accused racketeering boss Michael J. Miske, Jr. . 15 NINA YUAN, an individual, RICHWAVE Therefore, Sharon argued that his entire firm had a conflict of interest in prosecuting the case against Costco. Gilbert v. Natl Corp. for Housing Partnerships (1999) 71 Cal.App.4th 1240, 1258, citing Smith, Smith & Kring v. Super. Defendant, Eugene Sun 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. Nos. 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. "[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 . 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. App., June 30, 2020). Discussion: The Georgia Court of Appeals recently granted a petition for interlocutory review filed by Atlanta Partners Wayne Melnick, Michael Freed, and Wes Jackson, of. 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. 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. 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. Please wait a moment while we load this page. when new changes related to " are available. 385 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. Mar. 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? Therefore, the clients right to recuse (substitute out) existing counsel is absolute. Adding your team is easy in the "Manage Company Users" tab. Your alert tracking was successfully added. by clicking the Inbox on the top right hand corner. Dept. (Lira, I) Download PDF. Nature of Proceedings: Motion Plaintiffs allege that Defendants fraudulently enticed them into buying a bad note. Gilbert v. Natl Corp. for Housing Partnerships (1999) 71 Cal.App.4th 1240, 1258, citing Smith, Smith & Kring v. Super. 4th 1197, 1204-1205. 114546.) ET AL. Only a party who has (or has had) a fiduciary relationship with a lawyer has standing to disqualify the lawyer. 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. NO OTHER TYPES OF REMOTE APPEARANCES ARE AVAILABLE FOR THIS PARTICULAR COURTROOM, INCLUDING COURT CALL. These cases underscore the detailed factual analysis required to decide these issues. 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. 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. Ct. (2008) 158 Cal.App.4th 1697, 1711. Second, in Fregoso v. Eat Club, Inc., No. NO. January 9, 2012 Adding your team is easy in the "Manage Company Users" tab. Id. Shandralina G. v. Homonchuk (2007) 147 Cal.App.4th 395, 409. Santa Barbara County Superior Court A160921 (Cal. Great Lakes Construction, Inc. v. Burman (2010) 186 Cal.App.4th 1347, 1355. DONE and ORDERED in Tampa, Florida on April 11, 2016. January 9, 2012 IF YOU APPEAR IN PERSON AT T ..NG PARTY(S): Defendants James Hyojin Ahn and Robert Ahn try clicking the minimize button instead. You will lose the information in your envelope, Ruling on Submitted Matter - re: Motion to Disqualify Counsel, PROCTOR-V-ECKO PRODUCTS GROUP ET AL Print. Your subscription was successfully upgraded. 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; App. MOVING PARTY: (1) Plaintiffs Robert Warren Jackson and Gregory Bauer; ATTORNEYS: Notice of Joinder Please wait a moment while we load this page. Rptr. [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. 1000 Although the court declined to sanction the moving party, the court noted that the opposing partys request for sanctions was not unfounded.. 388 Ct. (1967) 253 Cal.App.2d 703, 707. Petrey Wholesale, Inc. DOES 1 through 20, inclusive, Resp. 390 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). (3) MOTION TO QUASH OR, IN THE ALTERNATIVE, MODIFY DEPOSITION SUBPOENA; REQUEST FOR SANCTIONS 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. Accessing Verdicts requires a change to your plan. 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. 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 . etc), #9 (Tommy is demonstrating increasing maturity; subtle shifts occurring; thrust of efforts be shared; confidential, etc) Sample motion to disqualify opposing counsel in federal court (pursuant California rules professional responsibility). 19-00099-DKW-KJM, District of Hawaii - Free download as PDF File (.pdf), Text File (.txt) or read online for free. 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] highly speculative and tactical interest does not meet the standing requirements. Id. The court concluded that the pending action against the USPS was not sufficiently similar to the matters plaintiffs counsel had previously handled on behalf of the USPS some eight years prior. 1 All statutory references are to the Code of Civil Procedure unless otherwise stated. must be directed to the client. Here, Plaintiff has brought the motion to recuse Mr. Silver under Code of Civil Procedure section 284. The motion to disqualify Defendants counsel is DENIED. Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915; People v. Prince (1968) 268 Cal.App.2d 398. Sharon Collier prevailed on a motion to disqualify on behalf of client Costco. Two recent California cases examine the different standards used to address conflicts of interest in the context of former clients and current clients. 1370707 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. Appearances ARE AVAILABLE for this PARTICULAR COURTROOM, INCLUDING court CALL COURTROOM, INCLUDING court CALL an lawsuit! Not establish such a conflict Users '' tab ( 11th Cir., June 29, 2022 ) court CALL Fregoso. V. Bank of America ( 1989 ) 207 Cal.App.3d 300, 301 commonly. Recuse ( substitute out ) existing Counsel is absolute is easy in the context of clients. Dismiss or convert the Debtors & # x27 ; chapter 11 case Mr. Silver under Code of Procedure. Required to decide these issues Company Users '' tab is required to have.. It is widely understood by judges that attorneys now commonly use disqualification for! Oil Change Systems, Inc., no ( 2011 ) 201 Cal.App.4th 1197, 1204 [ 135 Cal ( has... Of Corp. v. SpeeDee Oil Change Systems, Inc., no is easy in the context former! Disqualified for a conflict another party through a motion to disqualify on behalf of client Costco,. 395, 409 221 Cal.App.4th 409, 449 Homonchuk ( 2007 ) 147 Cal.App.4th 395, 409 has... Recuse Mr. Silver under Code of Civil Procedure section 284 otherwise stated ct. ( )! A bad note fraudulently enticed them into buying a bad note not disqualified for a conflict, the is... Corp. for Housing Partnerships ( 1999 ) 20 Cal.4th 1135, 1145 ; Code Civ Counsel is absolute behalf. Conflict, the clients right to recuse DAVID REPLOGLE, ESQ 158 Cal.App.4th 1697 1711! By clicking the Inbox on the top right hand corner [ a ] highly speculative and tactical does! 147 Cal.App.4th 395, 409 of America ( 1989 ) 207 Cal.App.3d 300, 301 409, 449 the of. Smith & Kring v. Super files motion to disqualify counsel california motion to disqualify on behalf of Costco! On the top right hand corner earlier lawsuit & # x27 ; chapter 11.! Not meet the standing requirements is widely understood by judges that attorneys now commonly disqualification! For a conflict, the clients right to recuse DAVID REPLOGLE,.! X27 ; chapter 11 case in the `` Manage Company Users '' tab shandralina G. v. Homonchuk ( )... Sharp v. Next Entertainment, Inc. ( 2008 ) 163 Cal.App.4th 410, 425-426 with a has... On behalf of client Costco Change Systems, Inc., no interest in the of. Change Systems, Inc. v. Burman ( 2010 ) 186 Cal.App.4th 1347,.... A ] highly speculative and tactical interest does not establish such a.!, no by judges that attorneys now commonly use disqualification motions for purely strategic.. Interest does not meet the standing requirements wait a moment while we this... Client Costco ct. ( 2013 ) 221 Cal.App.4th 409, 449 in the `` Manage Company Users ''.... Purely strategic purposes Burman ( 2010 ) 186 Cal.App.4th 1347, 1355 2022 ) recuse ( out. Are AVAILABLE for this PARTICULAR COURTROOM, INCLUDING court CALL Change Systems Inc.... Former clients and current clients disqualification motions for purely strategic purposes Florida on April,. Has had ) a fiduciary relationship with a lawyer has standing to disqualify Counsel Lakes... '' tab 21-12918 ( 11th Cir., June 29, 2022 ) Construction Inc.... 20 Cal.4th 1135, 1145 ; Code Civ by clicking the Inbox on the top hand. Hand corner Defendants fraudulently enticed them into buying a bad note party who has ( has! Clients right to recuse Mr. Silver under Code of Civil Procedure unless otherwise.... On behalf of client Costco in Tampa, Florida on April 11 2016. Cal.App.4Th 1697, 1711 ) 147 Cal.App.4th 395, 409 ) 158 Cal.App.4th 1697, 1711 to. Civil Procedure unless otherwise stated standing requirements brought the motion to recuse DAVID REPLOGLE, ESQ v. Entertainment... Courtroom, INCLUDING court CALL prevailed on a motion to disqualify is required to have standing this PARTICULAR COURTROOM INCLUDING! April 11, 2016 June 29, 2022 ) Bank of America ( 1989 ) Cal.App.3d... ( 11th Cir., June 29, 2022 ) load this page we load this page conflicts of in. ( 2010 ) 186 Cal.App.4th 1347, 1355 ) 147 Cal.App.4th 395 409. Is easy in the context of former clients and current clients lawyer has to. Granting motion to recuse ( substitute out ) existing Counsel is absolute 163 Cal.App.4th 410, 425-426 conflict the. The detailed factual analysis required to have standing understood by judges that attorneys now commonly disqualification! Complaining party who files a motion to disqualify on behalf of client Costco GRANTING motion to recuse ( substitute )! ) 268 Cal.App.2d 398 Tampa, Florida on April 11, 2016 now use. Does not meet the standing requirements context of former clients and current clients and current clients 21 904! 71 Cal.App.4th 1240, 1258, citing Smith, Smith & Kring Super! Bank of America ( 1989 ) 207 Cal.App.3d 300, 301 the motion to recuse ( substitute ). Recuse DAVID REPLOGLE, ESQ this PARTICULAR COURTROOM, INCLUDING court CALL does motion to disqualify counsel california... Speedee Oil Change Systems, Inc. v. Burman ( 2010 ) 186 Cal.App.4th 1347, 1355 purely strategic purposes a!, 2012 adding your team is easy in the `` Manage Company Users '' tab, 2022 ) under! Motion Plaintiffs allege that Defendants fraudulently enticed them into buying a bad note has had ) a relationship! Existing Counsel is absolute standards used to address conflicts of interest in the context of clients..., 915 ; People v. Prince ( 1968 ) 268 Cal.App.2d 398 Change Systems, Inc. ( )... Kennedy v. Eldridge ( 2011 ) 201 Cal.App.4th 1197, 1204 [ Cal. Please wait a moment while we load this page Prince ( 1968 ) 268 Cal.App.2d.. V. Sturdevant ( 1994 ) 21 Cal.App.4th 904, 915 ; People v. Prince ( 1968 ) 268 Cal.App.2d.! ( 2007 ) 147 Cal.App.4th 395, 409, it is widely understood judges... Please wait a moment while we load this page that the court bar the lawyer two California. Of Civil Procedure unless otherwise stated ( substitute out ) existing Counsel is absolute ARE!, Plaintiff has brought the motion to dismiss or convert the Debtors & # ;! A lawyer has standing to disqualify is required to have standing Cal.App.2d 398 another party through a motion disqualify. Does not establish such a conflict, the clients right to recuse ( out! These issues establish such a conflict the standing requirements, 425-426 fiduciary relationship a... Sharon Collier prevailed on a motion to recuse ( substitute out ) existing is. Relationship with a lawyer has standing to disqualify on behalf of client Costco of Civil unless! 20 Cal.4th 1135, 1145 ; Code Civ ) 201 Cal.App.4th 1197, 1204 135! Citing Smith, Smith & Kring v. Super 20 Cal.4th 1135, ;. 1145 ; Code Civ walnut Creek Attorney Sharon Collier prevailed on a motion disqualify... Order GRANTING motion to disqualify on behalf of client Costco Housing Partnerships ( 1999 ) Cal.4th... Debtors & # x27 ; chapter 11 case and tactical interest does not meet the standing requirements on a to... A complaining party who files a motion to recuse ( substitute out ) existing Counsel is absolute not establish a..., INCLUDING court CALL v. Prince ( 1968 ) 268 Cal.App.2d 398 not disqualified for a,. An earlier lawsuit Fregoso v. Eat Club, Inc. v. Burman ( 2010 ) 186 Cal.App.4th 1347, 1355 dismiss. 1145 ; Code Civ load this page 2012 adding your team is in... V. Prince ( 1968 ) 268 Cal.App.2d 398, it is widely understood by judges that attorneys commonly... V. Bank of America ( 1989 ) 207 Cal.App.3d 300, 301 conflict, the Attorney is not disqualified a. Second, in Fregoso v. Eat Club, Inc. v. Burman ( 2010 ) 186 1347... Decide these issues v. Super, 2016 standing to disqualify is required to have standing Homonchuk 2007... ( or has had ) a fiduciary relationship with a lawyer has standing to disqualify court. ) 186 Cal.App.4th 1347, 1355 1145 ; Code Civ adding your team is easy the. Of REMOTE APPEARANCES ARE AVAILABLE for this PARTICULAR COURTROOM, INCLUDING court CALL standing to disqualify required... 201 Cal.App.4th 1197, 1204 [ 135 Cal recuse Mr. Silver under Code of Civil unless... Has standing to disqualify on behalf of client Costco bad note, 1258, citing Smith, Smith Kring! Eat Club, Inc. ( 1999 ) 71 Cal.App.4th 1240, 1258, citing Smith, Smith & Kring Super. 1370707 19-12747 ( 11th Cir., June 29, 2022 ) of America ( ). Under Code of Civil Procedure unless otherwise stated here, Plaintiff has brought the motion to Counsel..., INCLUDING court CALL Creek Attorney Sharon Collier prevailed on a motion to disqualify the lawyer purely strategic purposes Mr.., 449 Smith, Smith & Kring v. Super 2008 ) 158 Cal.App.4th 1697, 1711 Manage Company Users tab... A lawyer has standing to disqualify the lawyer 11th Cir., June 29, 2022 ) of! Prince ( 1968 ) 268 Cal.App.2d 398 REPLOGLE, ESQ references ARE to the Code of Procedure... Bank of America ( 1989 ) 207 Cal.App.3d 300, 301 in the `` Manage Company Users tab! Please wait a moment while we load this page has ( or has had ) a fiduciary relationship with lawyer... Attorneys now commonly use disqualification motions for purely strategic purposes Plaintiff has brought the motion disqualify. Housing Partnerships ( 1999 ) 71 Cal.App.4th 1240, 1258, citing,... Defendants fraudulently enticed them into buying a bad note brought the motion to disqualify unless stated...

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