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. USA Motion to Disqualify Defense Counsel, CR. Sample motion to disqualify opposing counsel in federal court (pursuant California rules professional responsibility). On December 28, 2011, the court appoin SUBJECT: Motion to Disqualify Counsel Accessing Verdicts requires a change to your plan. I am a litigation attorney and practice in the . 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. 4 Disqualification for conflict of interest (a) Arbitrator's duty to disqualify himself or herself The arbitrator must determine whether any cause exists for disqualification upon any of the grounds set forth in Code of Civil Procedure section 170.1 governing the disqualification of judges. I am originally from Southern California and received my BA from Southern Methodist University and J.D. The defendant argued that the firm could not zealously and ethically develop evidence in [p]laintiffs class action reflecting dishonesty and fault by [the former HR employees] in [the] performance of their human resources job duties and that the conflict of interest was irreconcilable. The defendant also argued that the plaintiffs counsel had received and misused property and privileged documents belonging to the defendant. You will lose the information in your envelope, Motion to Disqualify Counsel 01/22/2018 - Motion to Disqualify Counsel, ~CIV Minute Order - Motion to Disqualify Counsel 10/11/2017 - Motion to Di, BLANCA GUTIERREZ vs. CHRISTINA O'BRIEN, et al, CIV Minute Order - Motion to Disqualify Counsel, CYNTHIA HOLLOWAY VS. GILEAD SCIENCES, ET AL, Motion for Leave 10/07/2019 - Motion to Disqualify Counsel, THOMAS ANTON & ASSOCIATES, INC., A PROFESSIONAL CORPORATION VS ABLIN ET AL, Motion to Disqualify Counsel 04/02/2018 - Motion to Disqualify Counsel, LEE VS WIZARD GAMING, INC. DBA DIAMOND JIM'S CASINO, ~CIV Minute Order - Motion to Disqualify Counsel 11/19/2020 - Motion to Di, Hardeep Bhakhri vs. Ashwani Kumar Bhakhri, et al, ~CIV Minute Order - Motion to Disqualify Counsel 01/26/2021 - Motion to Di, PACIFIC DIVERSIFIED INVESTMENTS, LLC, a California limited liability compa, motion to disqualify MO - Motion to Disqualify Counsel, Motion to Disqualify Counsel 11/08/2019 - Motion to Disqualify Counsel, ~CIV Minute Order - Motion to Disqualify Counsel 07/02/2018 - Motion to Di, VIDA CAPITAL GROUP, LLC. the principal that the fair resolution of disputes requires vigorous representation of parties by independent counsel. EXTREME et al, ORDER DENYING DEFEDANT'S (JIN FAN HE) MOTION TO RECUSE PLAINTIFF'S COUNSEL, OPPOSITION TO DEFTS MOTION TO RECUSE PLTFS COUNSEL FILED BY PLAINTIFF STAC, KHALIL MSALAM, et al vs. Proc., 128(a)(5). When are two representations substantially related? 8 Resp. of Corp. v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1145; Code Civ. Motion Hearing set for 8/18/2011 01:30 PM in Courtroom 4, 5th Floor, San Jose before Hon. 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. IF YOU APPEAR IN PERSON AT T ..NG PARTY(S): Defendants James Hyojin Ahn and Robert Ahn Nos. (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? 10 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. 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. etc), #9 (Tommy is demonstrating increasing maturity; subtle shifts occurring; thrust of efforts be shared; confidential, etc) In 2009, Epic settled its claims against Ali 5 Corporation. (Defendants Ex Parte Application to Continue Trial, p. 2:18-19; Skvarna Declaration.) A160921 (Cal. Petrey Wholesale, Inc.s notice of joinder in the motion to disqualify is GRANTED as timely. A trial courts authority to disqualify an attorney derives from the power inherent in every court [t]o control in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it, in every matter pertaining thereto. People ex rel. [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. Plaintiffs allege that Defendants fraudulently enticed them into buying a bad note. 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. 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. Green Mutual Property & Investment Co., et al. Gilbert v. Natl Corp. for Housing Partnerships (1999) 71 Cal.App.4th 1240, 1258, citing Smith, Smith & Kring v. Super. 22 I. 2 James Scafide /Tyler Sprague of Scafide law Firm, PC for plaintiff "[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 . There, the firm representing plaintiffs also represented the defendants former human resources employees as plaintiffs in a separate matter against the same employer defendant. Protection of the attorney-client privilege is not the only ground for a motion to disqualify an attorney. Kennedy v. Eldridge (2011) 201 Cal. 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). 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. 8 Adding your team is easy in the "Manage Company Users" tab. Defendant, Eugene Sun Plaintiffs Evidentiary Objections Moving Party: Plaintiff Cleve Pell Sept. 14, 2020), the court decided a motion to disqualify brought by the defendant in a wage and hour class action. . al., United States District Court for the Northern District of Georgia, Civil Action Number 1:20-cv-02205-SCJ. 1104.07000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; Bias or Prejudice/Motion to Disqualify. 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. In 2009, Epic settled its claims against Ali 5 Corporation. The motion to disqualify Defendants counsel is DENIED. 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. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: (Sharp v. Next Entertainment, Inc. (2008) 163 Cal.App.4th 410, 424, fn. 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). DCH Health Services Corp. v. Waite (2002) 95 Cal.App.4th 829, 832. 11 the interests of the present client and former client are materially adverse. Tentative Ruling by clicking the Inbox on the top right hand corner. Notice of Joinder RESPONSE in Opposition re 29 MOTION to Disqualify Counsel for Millennial Media (Cooley LLP) MOTION to Disqualify Counsel for Millennial Media (Cooley LLP) filed by Millennial Media, Inc. (Attachments: # 1 Declaration of Chris C. Campbell, # 2 Exhibit 1 to Campbell Declaration, # 3 Declaration of Patrick A. Doody, # 4 Declaration of Kevin Todd Duncan, # 5 Declaration of Nelson Kuan, # 6 Exhibit A to Kuan Declaration, # 7 Exhibit B to Kuan Declaration, # 8 Exhibit C . 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)). 21-12918 (11th Cir., June 29, 2022). Plaintiff moves to recuse counsel for Defendants James Hyojin Ahn and Robert Ahn. (3) MOTION TO QUASH OR, IN THE ALTERNATIVE, MODIFY DEPOSITION SUBPOENA; REQUEST FOR SANCTIONS You can always see your envelopes Whether an attorney should be disqualified is a matter addressed to the sound discretion of the trial court. In 2009, Epic settled its claims against Ali 5 Corporation. v. Motions to disqualify counsel present competing policy considerations. Your recipients will receive an email with this envelope shortly and Id. (Dino v 9 COUNTY OF SANTA CLARA Tentative Ruling 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. 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. 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. Your credits were successfully purchased. Motion to Disqualify Counsel 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. Discussion: Notice of Joinder 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. Your alert tracking was successfully added. Santa Barbara County Superior Court a) Order compelling the Plaintiff to serve further responses to the Defendants form interrogatories; order imposing monetary sanctions. Tentative Ruling VS GOPHER PROTOCOL, INC. 3) the Defendants motion to recuse Plaintiffs counsel; and 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. try clicking the minimize button instead. Your content views addon has successfully been added. Welcoming 2021 With Thanks for Your Amazing Efforts. Cal. Adams v. Aerojet General Corp. (2001) 86 Cal.App.4th 1324, 1331; In re Marriage of Zimmerman (1993) 16 Cal.App.4th 556, 563564. The alternative writ is discharged. 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. Great Lakes Construction, Inc. v. Burman (2010) 186 Cal.App.4th 1347, 1355. Petrey Wholesale, Inc.s notice of joinder in the motion to disqualify is GRANTED as timely. Party: Defendants The Montebello Unified School District and The Montebello Unified School District Board of Education Kane v. Chobani, Inc MOTION to Disqualify Counsel. The purpose of disqualification is not to punish a transgression of professional ethics. Northern District. 8 1. 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. (2) NOTICE OF JOINDER; 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. James Li and his firm 4 LiLaw, Inc. (together, Li) represented Epic. Disqualification is only justified where the misconduct will have a continuing effect on judicial proceedings. Sheller v. Super. App. Your content views addon has successfully been added. Ct. (1997) 60 Cal.App.4th 473, 577-582. A complaining party who files a motion to disqualify is required to have standing. Id. 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 16 and SHYH-CHYI WONG, an individual, and 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. 279 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. His firm 4 LiLaw, Inc. 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