After acknowledging the competing policy considerations that must be balanced when a motion to disqualify counsel is brought (207 Cal.App.3d at pp. ARIA SARBELAND, et al, REPLY TO PLTFS OPPOSITION TO MOTION TO RECUSE CATHERINE BOSKOFF AS COUNSEL. RWJ ADVANCED MARKETING, LLC ET AL. 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. 2022 California Rules of Court Rule 3.816. She attaches email #8 (is she spiraling out? Lucy H. Koh. Ct., 177 Cal.App.3d 1021, 1028 (1986). Protection of the attorney-client privilege is not the only ground for a motion to disqualify an attorney. Kennedy v. Eldridge (2011) 201 Cal. Moving Party: Plaintiff Cleve Pell Specifically, California Rules of Court, rule 3.1362 (a), a motion to be relieved . Nos. Shandralina G. v. Homonchuk (2007) 147 Cal.App.4th 395, 409. 6 1000 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. The paramount concern must be to preserve public trust in the scrupulous administration of justice and integrity of the bar. Id. 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. TENTATIVE RULING: (2) Cross-Defendant W.L. 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. 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. when new changes related to " are available. 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. 1 - 7: SUSTAINED. Last. The Georgia Court of Appeals recently granted a petition for interlocutory review filed by Atlanta Partners Wayne Melnick, Michael Freed, and Wes Jackson, of. and consolidated case, VS GOPHER PROTOCOL, INC. Party: Defendants The Montebello Unified School District and The Montebello Unified School District Board of Education MOVING PARTY: (1) Plaintiffs Robert Warren Jackson and Gregory Bauer; [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. 386 Cal. 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. 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. Not necessarily. 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. Motion for: First, there must be a substantial relationship between the former representation and the current representation. Plaintiffs allege that Defendants fraudulently enticed them into buying a bad note. 3 Two recent California cases examine the different standards used to address conflicts of interest in the context of former clients and current clients. Petrey Wholesale, Inc.s notice of joinder in the motion to disqualify is GRANTED as timely. This was a significant victory for the client because Mr. Werbin was not directly involved in this specific lawsuit, and it was the first time Costco had prevailed on such a motion in Northern California, involving a location for which Mr. Werbin had never previously done work. (Sharp v. Next Entertainment, Inc. (2008) 163 Cal.App.4th 410, 424, fn. 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 Ct. (1997) 60 Cal.App.4th 473, 577-582. 114546.) 16 and SHYH-CHYI WONG, an individual, and 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 . County of Riverside. Walnut Creek Attorney Sharon Collier prevailed on a motion to disqualify on behalf of client Costco. First No. when new changes related to " are available. 1 Accessing Verdicts requires a change to your plan. 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. 388 Motion to Withdraw as Counsel in California What Is a Motion to Withdraw as Counsel? When are two representations substantially related? H. F. Ahmanson & Co. v. Salomon Brothers, Inc. (1991) 229 Cal.App.3d 1445, 1454. Cross-Defendant W.L. 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 . 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. Your recipients will receive an email with this envelope shortly and 3 DISCUSSION The denial of a motion to disqualify counsel is an appealable order. BACKGROUND: 4) the Plaintiffs motion to compel the deposition of the Defendant. Resp. Additional sections are $99 each. 9 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. 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. (2008) 158 Cal.App.4th 1697, 1711. An attorney may not ethically represent a client whose interests conflict with a former client absent the former client's informed written consent. B. Grounds: A. Defendant, Eugene Sun 387 ANALYSIS of Corp. v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1145; Code Civ. GIVEN THE CURRENT CORONAVIRUS CRISIS, THE COURT STRONGLY ENCOURAGES REMOTE APPEARENCES BY LACourtConnect. PLEASE MAKE SUCH ARRANGEMENTS IF YOU WISH TO APPEAR REMOTELY AT WWW.LACOURT.ORG/LACC/. We have notified your account executive who will contact you shortly. NO. Nos. A disqualification motion can be granted before discovery is complete in certain circumstances. BACKGROUND: at 1358. (Defendants Ex Parte Application to Continue Trial, p. 2:18-19; Skvarna Declaration.) Upon the consent of both client and attorney, filed with the clerk, or entered upon the minutes; 2. Nature of Proceedings: Motion to Disqualify; Motion to Amend 4 ET AL. 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. 8 Proc. 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. The defendant moved to disqualify the plaintiffs counsel, arguing that the plaintiffs counsel used information he learned during his former employment as an AUSA to benefit the plaintiff in prosecuting her retaliation claim against the USPS. The alternative writ is discharged. 7.) In both instances, the courts concluded that a disqualifying conflict did not exist and denied disqualification. 2:2017-cv-02331-AB-JC MOTION TO DISQUALIFY GREENBERG TRAURIG, LLP AS COUNSEL FOR DEFENDANT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT 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 . [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. Ct. (1967) 253 Cal.App.2d 703, 707. On the one hand, a court must not hesitate to disqualify an attorney when it is satisfactorily established that he or she wrongfully acquired an unfair advantage that undermines the integrity of the judicial process and will have a continuing effect on the proceedings before the court. On the other hand, it must be kept in mind that disqualification usually imposes a substantial hardship on the disqualified attorneys innocent client, who must bear the monetary and other costs of finding a replacement. (3) Defendant/Cross-Complainant Gopher Protocol, Inc. You will lose the information in your envelope, Cal. Notice of Joinder 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. the principal that the fair resolution of disputes requires vigorous representation of parties by independent counsel. by clicking the Inbox on the top right hand corner. 3d 545]. 2022). 10 ORDER GRANTING MOTION TO RECUSE DAVID REPLOGLE, ESQ. SUNBELT BUSINESS ADVISORS, INC. Second, in Fregoso v. Eat Club, Inc., No. Adding your team is easy in the "Manage Company Users" tab. I am a litigation attorney and practice in the . 10 Below are some important concepts that have emerged in the context of motions to disqualify. First, there must be a substantial relationship between the former representation and the current representation. Ct., 177 Cal.App.3d 1021, 1028 (1986). Plaintiff Green Mutual Property & In 7. Plaintiff moves for a court order to substitute plaintiffs initial counsel of record in this litigation for replacement counsel that plaintiff has retained. MOVING PARTY: (1) Plaintiffs Robert Warren Jackson and Gregory Bauer; "[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 . In July 2013, Attorney Spitzer filed a motion to dismiss or convert the Debtors' chapter 11 case. NO OTHER TYPES OF REMOTE APPEARANCES ARE AVAILABLE FOR THIS PARTICULAR COURTROOM, INCLUDING COURT CALL. must be directed to the client. Here, Plaintiff has brought the motion to recuse Mr. Silver under Code of Civil Procedure section 284. Gilbert v. Natl Corp. for Housing Partnerships (1999) 71 Cal.App.4th 1240, 1258, citing Smith, Smith & Kring v. Super. [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. at 1145. 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. The court denied the motion for sanctions, noting, Plaintiffs Motion to Disqualify was supported by some, albeit scant, evidence. 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. Plaintiff moves to recuse counsel for Defendants James Hyojin Ahn and Robert Ahn. Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. You can always see your envelopes "[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 . 1 - 2: SUSTAINED. Bank v. Adams (2002) 96 Cal.App.4th 315, 327. 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). 1 James Li and his firm 4 LiLaw, Inc. (together, Li) represented Epic. In its motion to disqualify, the employer defendant argued that the firm representing the plaintiffs had a direct, actual conflict. 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. Cross-Defendant W.L. 4 Your credits were successfully purchased. A trial court's decision on a disqualification motion is reviewed for abuse of discretion. Adams v. Aerojet General Corp. (2001) 86 Cal.App.4th 1324, 1331; In re Marriage of Zimmerman (1993) 16 Cal.App.4th 556, 563564. and consolidated case, 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 . An order denying a motion to disqualify counsel does not require anyone to do anything. Id. . Shandralina G. v. Homonchuk (2007) 147 Cal.App.4th 395, 409. 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. Earl Scheib, Inc. v. Super. This presumption, if applicable, is conclusive and is thus, by definition, not rebuttable. The paramount concern must be to preserve public trust in the scrupulous administration of justice and integrity of the bar. Id. Accessing Verdicts requires a change to your plan. 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. Only a party who has (or has had) a fiduciary relationship with a lawyer has standing to disqualify the lawyer. Rules of Court, rule 3.1362(a), (c), (e). Motion to Disqualify Counsel A complaining party who files a motion to disqualify is required to have standing. (Dino v 9 COUNTY OF SANTA CLARA 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. 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. 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). Your subscription has successfully been upgraded. 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. 43. California, 494 U.S. 1039 (1990) . 1370707 On January 13, 2023, federal prosecutors filed a motion to disqualify the two lead attorneys for accused racketeering boss Michael J. Miske, Jr. . Nos. 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. at 1145. Tentative Ruling 8 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. A160921 (Cal. Plaintiffs Evidentiary Objections Judge Colleen K. Sterne 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. Proc., 128(a)(5). 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. 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. Your credits were successfully purchased. [A] highly speculative and tactical interest does not meet the standing requirements. Id. 5 RWJ ADVANCED MARKETING, LLC ET AL. Whether an attorney should be disqualified is a matter addressed to the sound discretion of the trial court. 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. 2 Ct. (1977) 67 Cal.App.3d 1, 4. 1000 Earl Scheib, Inc. v. Super. If you wish to keep the information in your envelope between pages, Northern District. the principal that the fair resolution of disputes requires vigorous representation of parties by independent counsel. at 1359. FMG attorneys Phil Savrin and Shawn Bingham prevailed on a motion for, NLRB Affirms Dismissal of Failure to Bargain Complaint, Dallas FMG attorney Robert Chadwick obtained a favorable appellate ruling from the National Labor Relations Board (NLRB) on behalf of a transportation company. when new changes related to " are available. Gilbert v. Natl Corp. for Housing Partnerships (1999) 71 Cal.App.4th 1240, 1258, citing Smith, Smith & Kring v. Super. BACKGROUND 3d 545]. 279 1104.07000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; Bias or Prejudice/Motion to Disqualify. Great Lakes Construction, Inc. v. Burman (2010) 186 Cal.App.4th 1347, 1355. The paramount concern must be to preserve public trust in the scrupulous administration of justice and integrity of the bar. Id. 15 NINA YUAN, an individual, RICHWAVE The result illustrated the impact of aggressive defense handling at the onset of litigation. 7 392 CV1810311PADFMX, 2020 WL 2374947 (C.D. We have notified your account executive who will contact you shortly. 114546.) In 2009, Epic settled its claims against Ali 5 Corporation. Ct. (2013) 221 Cal.App.4th 409, 449. 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. Judge Colleen K. Sterne January 9, 2012 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. more or view all topics or full text. 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. 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. 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. Your alert tracking was successfully added. Please wait a moment while we load this page. 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. Mar. The motion to disqualify Defendants counsel is DENIED. RWJ ADVANCED MARKETING, LLC ET AL. 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. Petrey Wholesale, Inc. Whether an attorney should be disqualified is a matter addressed to the sound discretion of the trial court. a) Order compelling the Plaintiff to serve further responses to the Defendants form interrogatories; order imposing monetary sanctions. Whether an attorney should be disqualified is a matter addressed to the sound discretion of the trial court. Motions to disqualify counsel present competing policy considerations. Instead, the substantial relationship test controls. The injury must be concrete and particularized, not hypothetical. Id. Notice of Joinder ANALYSIS try clicking the minimize button instead. Petrey Wholesale, Inc. 1370707 19-12747 (11th Cir., June 29, 2022). 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. 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.. 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. Welcoming 2021 With Thanks for Your Amazing Efforts. This presumption, if applicable, is conclusive and is thus, by definition, not rebuttable. The attorney in an action or special proceeding may be changed at any time before or after judgment or final determination, as follows: 1. . Adams v. Aerojet General Corp. (2001) 86 Cal.App.4th 1324, 1331; In re Marriage of Zimmerman (1993) 16 Cal.App.4th 556, 563564. 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. The views expressed herein are her own. Case: Jeffrey E. Mitchell v. Stratus Media Group, Inc., et al., [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. (Lead Case; Consolidated Action), Jeffrey Mitchell vs Stratus Media Group Inc et al, CLEVE PELL VS THE MONTEBELLO UNIFIED SCHOOL DISTRICT ET AL. 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. in that litigation detailing, inter alia, his role as counsel for Pendragon in the Ranch Litigation. There are consolidated actions asserting claims of securities violations with respect to corporate stock. DCH Health Services Corp. v. Waite (2002) 95 Cal.App.4th 829, 832.
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