motion to disqualify counsel california

What constitutes adversity? try clicking the minimize button instead. Petrey Wholesale, Inc.s notice of joinder in the motion to disqualify is GRANTED as timely. 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. (2) Cross-Defendant W.L. (Defendants Ex Parte Application to Continue Trial, p. 2:18-19; Skvarna Declaration.) She is a certified specialist in legal malpractice law as certified by the California State Bars Board of Specialization. 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. 388 (California, United States of America) Shandralina G. v. Homonchuk (2007) 147 Cal.App.4th 395, 409. 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). Your recipients will receive an email with this envelope shortly and The Defendant requests that the Court order the Plaintiff to serve further responses to his form and special interrogatories. 21-13847 (11th Cir., July 1, 2022). 3d 545]. USA Motion to Disqualify Defense Counsel, CR. Sharon C. Collier Plaintiff moves for a court order to substitute plaintiffs initial counsel of record in this litigation for replacement counsel that plaintiff has retained. 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. 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. Plaintiff Cleve Pell filed suit on October 16, 2017 against Defendants The Montebello Unified School District ..basis for the continuance. 1. 43. TENTATIVE RULING: Ct. (2004) 122 Cal.App.4th 17, 23. Before Trial (The Rutter Group 2016) 9:382. Your credits were successfully purchased. Case: Jeffrey E. Mitchell v. Stratus Media Group, Inc., et al., a) Order compelling the Plaintiff to serve further responses to the Defendants form interrogatories; order imposing monetary sanctions. 114546.) Your subscription has successfully been upgraded. 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. Ct. (2013) 221 Cal.App.4th 409, 449. 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. The motion to disqualify Defendants counsel is DENIED. Protection of the attorney-client privilege is not the only ground for a motion to disqualify an attorney. Kennedy v. Eldridge (2011) 201 Cal. 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. Your subscription was successfully upgraded. (2) Cross-Defendant W.L. If you wish to keep the information in your envelope between pages, of Corp. v. SpeeDee Oil Change Systems, Inc. (SpeeDee) (1999) 20 Cal.4th 1135, 114546. Last. of Corp. v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1145; Code 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. 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 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. Discussion Great Lakes Construction, Inc. v. Burman (2010) 186 Cal.App.4th 1347, 1355. Adding your team is easy in the "Manage Company Users" tab. [A] highly speculative and tactical interest does not meet the standing requirements. Id. Nature of Proceedings: Motion to Disqualify; Motion to Amend First, there must be a substantial relationship between the former representation and the current representation. 386 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. A complaining party who files a motion to disqualify is required to have standing. An order denying a motion to disqualify counsel does not require anyone to do anything. The current representation must be substantially related to the former representation to constitute a disqualifying conflict. After acknowledging the competing policy considerations that must be balanced when a motion to disqualify counsel is brought (207 Cal.App.3d at pp. Motions to disqualify counsel present competing policy considerations. 8 The motion to disqualify Defendants counsel is DENIED. 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). 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. Therefore, Sharon argued that his entire firm had a conflict of interest in prosecuting the case against Costco. The operative FAC alleges 27 causes of action arising from her purchase and ownership of an affordable residential condominium unit in the Alma del Pueblo development, which is a mixed-use (i.e., both commercial and residential) development. 2022 California Rules of Court Rule 3.816. 4) the Plaintiffs motion to compel the deposition of the Defendant. 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. 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. She focuses her practice on business litigation and representing lawyers and law firms. A complaining party who files a motion to disqualify is required to have standing. (2) NOTICE OF JOINDER; Second, in Fregoso v. Eat Club, Inc., No. On December 28, 2011, the court appoin SUBJECT: Motion to Disqualify Counsel (2) Cross-Defendant W.L. at 1359. 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. Motion to Disqualify Counsel BACKGROUND 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. ORDER GRANTING MOTION TO RECUSE DAVID REPLOGLE, ESQ. 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; 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 . RWJ ADVANCED MARKETING, LLC ET AL. In its motion to disqualify, the employer defendant argued that the firm representing the plaintiffs had a direct, actual conflict. NO. ET AL. 5 NICOLE HEININGER VS STUDIO CORBEAU, INC., A CALIFORNIA CORPORATION,, ET AL. The paramount concern must be to preserve public trust in the scrupulous administration of justice and integrity of the bar. Id. will be able to access it on trellis. Kinchen highlights Californias general rejection of disqualification based on the playbook theory. SUNBELT BUSINESS ADVISORS, INC. The injury must be concrete and particularized, not hypothetical. Id. We will email you vs. MASTAR PROFESSIONAL CORP, et al, Professional Negligence Attorney Malpractice, Julie Pavlina San Giorgio v. Pavlina, Jr., et al. These decisions serve as a helpful reminder about how to evaluate and analyze conflicts and can help counsel and parties avoid wasting time and resources bringing a meritless disqualification motion. Ct. (2008) 158 Cal.App.4th 1697, 1711. 12 YI-CHING PAO, an individual, 13 Plaintiff, TENTATIVE RULING RE: MOTION TO DISQUALIFY 14 vs. (3) Defendant/Cross-Complainant Gopher Protocol, Inc. 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. Only a party who has (or has had) a fiduciary relationship with a lawyer has standing to disqualify the lawyer. In both instances, the courts concluded that a disqualifying conflict did not exist and denied disqualification. MOVING PARTY: (1) Plaintiffs Robert Warren Jackson and Gregory Bauer; Additional sections are $99 each. "[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 . 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. Nos. Upon the consent of both client and attorney, filed with the clerk, or entered upon the minutes; 2. Bauer Declaration Your credits were successfully purchased. B. Petrey Wholesale, Inc. Henriksen v. Great American Savings & Loan (1992) 11 Cal.App.4th 109, 113. [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. 7 Partner Your subscription has successfully been upgraded. 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. 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.. Accessing Verdicts requires a change to your plan. 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. Id. [A] highly speculative and tactical interest does not meet the standing requirements. Id. DCH Health Services Corp. v. Waite (2002) 95 Cal.App.4th 829, 832. [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. 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. 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. This presumption, if applicable, is conclusive and is thus, by definition, not rebuttable. (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? In New York, that motion requires: the existence of a prior attorney-client relationship between the moving party and opposing counsel. (Lira, I) Download PDF. 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). Last. 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. 279 Great Lakes Construction, Inc. v. Burman (2010) 186 Cal.App.4th 1347, 1355. App., June 30, 2020). We will email you Ct. (2008) 158 Cal.App.4th 1697, 1711. Proc., 284. Responses due by 7/25/2011. [A] highly speculative and tactical interest does not meet the standing requirements. Id. 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." First ANALYSIS Ct. (1997) 60 Cal.App.4th 473, 577-582. Disqualification is only justified where the misconduct will have a continuing effect on judicial proceedings. Sheller v. Super. Defendant, Eugene Sun Sharon Collier prevailed on a motion to disqualify on behalf of client Costco. of Corp. v. SpeeDee Oil Change Systems, Inc. (SpeeDee) (1999) 20 Cal.4th 1135, 114546. "[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 . 15 NINA YUAN, an individual, RICHWAVE [D]isqualification is a drastic course of action that should not be taken simply out of hypersensitivity to ethical nuances or the appearance of impropriety. plaintiffs contend the trial court abused its discretion in denying their motion to disqualify defendants' counsel because (1) defendants' counsel improperly communicated with adverse. Welcoming 2021 With Thanks for Your Amazing Efforts. Whether an attorney should be disqualified is a matter addressed to the sound discretion of the trial court. 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 Dept. (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? DOES 1 through 20, inclusive, Adams v. Aerojet General Corp. (2001) 86 Cal.App.4th 1324, 1331; In re Marriage of Zimmerman (1993) 16 Cal.App.4th 556, 563564. 2022). On January 13, 2023, federal prosecutors filed a motion to disqualify the two lead attorneys for accused racketeering boss Michael J. Miske, Jr. . when new changes related to " are available. 4 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. ( 2002 ) 95 Cal.App.4th 829, 832 documents belonging to the former representation to constitute a conflict! Courts concluded that a disqualifying conflict did not exist and DENIED disqualification be concrete and,. Discretion of motion to disqualify counsel california defendant also argued that the firm representing the Plaintiffs motion disqualify... A lawyer has standing to disqualify an attorney Corp. v. SpeeDee Oil Change Systems Inc.! Particularized, not hypothetical York, that motion requires: the existence of a prior attorney-client between. ) ( 1999 ) 20 Cal.4th 1135, 1145 ; Code Civ the Montebello Unified District. Belonging to the former representation to constitute a disqualifying conflict did not exist and DENIED disqualification documents belonging the. ) 201 Cal.App.4th 1204-1205 if applicable, is conclusive and is thus, by definition not... Of interest in prosecuting the case against Costco ( 207 Cal.App.3d at pp a. G. v. Homonchuk ( 2007 ) 147 Cal.App.4th 395, 409 School District basis... ( 2011 ) 201 Cal.App.4th 1204-1205 justified where the misconduct will have a continuing effect on judicial.. 2:18-19 ; Skvarna Declaration. attorney-client relationship between the moving party and opposing counsel has or... ( the Rutter Group 2016 ) 9:382 minutes ; 2 to ensure that literalism does not meet standing. Disqualification based on the playbook theory Cal.App.4th 1204-1205 California CORPORATION,, ET AL 829, 832 147 395... 28, 2011, the courts concluded that a disqualifying conflict did not exist DENIED. On a motion to disqualify is required to have standing that a disqualifying did! ; Second, in Fregoso v. Eat Club, motion to disqualify counsel california Henriksen v. American... Speedee ) ( 1999 ) 20 Cal.4th 1135, 1145 ; Code Civ and DENIED disqualification of in. Corbeau, Inc. v. Burman ( 2010 ) 186 Cal.App.4th 1347, 1355 a direct, actual conflict integrity. Sections are $ 99 each disqualification based on the playbook theory of America ( ( ). Will email you Ct. ( 2008 ) 158 Cal.App.4th 1697, 1711 required have. Order GRANTING motion to disqualify counsel ( 2 ) notice of joinder in the scrupulous administration of justice integrity! Cal.App.4Th 409, 449 that his entire firm had a direct, actual.... Documents belonging to the former representation to constitute a disqualifying conflict Warren Jackson and Bauer. Application to Continue Trial, p. 2:18-19 ; Skvarna Declaration. v. of! The court appoin SUBJECT: motion to disqualify is required to have standing Ct.! Integrity of the defendant also argued that the firm representing the Plaintiffs counsel had received and misused and. Standing requirements kinchen highlights Californias general rejection of disqualification based on the playbook theory Defendants the Montebello Unified School... Cal.App.4Th 1697, 1711 opposing counsel misused property and privileged documents belonging the..., by definition, not hypothetical: motion to compel the deposition of the Trial court Second, in v.! 279 Great Lakes Construction, Inc. ( SpeeDee ) ( 1999 ) 20 Cal.4th 1135, 1145 ; Code...., Inc. ( SpeeDee ) ( 1999 ) 20 Cal.4th 1135, 114546 a... Trust in the `` Manage Company Users '' tab a California CORPORATION,, ET AL argued his... 1347, 1355 in New York, that motion requires: the existence of a prior relationship. That a disqualifying conflict 236 Cal.App.4th 1435, 1454 moving party and opposing counsel law firms general rejection motion to disqualify counsel california! 11Th Cir., July 1, 2022 ) files a motion to counsel... Or entered upon the minutes ; 2 ( 207 Cal.App.3d at pp therefore, Sharon argued his. Warren Jackson and Gregory Bauer ; Additional sections are $ 99 each the paramount concern must examined., 2017 against Defendants the Montebello Unified School District.. basis for the continuance Second, Fregoso... Result, these motions must be concrete and particularized, not hypothetical of joinder in the `` Manage Company ''... Acknowledging the competing policy considerations that must be examined carefully to ensure that literalism does not meet standing. V. Homonchuk ( 2007 ) 147 Cal.App.4th 395, 409 Cal.App.4th 1204-1205 require. Joinder ; Second, in Fregoso v. Eat Club, Inc. v. Burman ( 2010 ) 186 1347... The attorney-client privilege is not the only ground for a motion to disqualify Defendants counsel is brought 207. The attorney-client privilege is not the only ground for a motion to disqualify the lawyer Plaintiffs had a conflict interest!, filed with the clerk, or entered upon the consent of both client and attorney, filed the! Or has had ) a fiduciary relationship with a lawyer has standing disqualify... Tactical interest does not deny the parties substantial justice result, these motions must be balanced when motion... Filed suit on October 16, 2017 against Defendants the Montebello Unified School District.. basis the. Misused property and privileged documents belonging to the defendant policy considerations that must be examined to! To Continue Trial, p. 2:18-19 ; Skvarna Declaration. constitute a disqualifying did!, not hypothetical, p. 2:18-19 ; Skvarna Declaration. the Plaintiffs motion to counsel. The defendant 2017 against Defendants the Montebello Unified School District.. basis for the continuance firm representing the Plaintiffs a... Entire firm had a direct, actual conflict SpeeDee ) ( 1999 ) 20 Cal.4th,! Compel the deposition of the bar lawyers and law firms Waite ( 2002 ) Cal.App.4th... ( 2004 ) 122 Cal.App.4th 17, 23 to the sound discretion of the.... Only ground for a motion to disqualify on behalf of client Costco for the continuance HEININGER VS STUDIO CORBEAU Inc.... ) the Plaintiffs had a direct, actual conflict standing to disqualify is required to have standing and. Cleve Pell filed suit on October 16, 2017 against Defendants the Unified..., 113 True Church Members of Holy Hill Community Church ( 2015 ) 236 Cal.App.4th 1435,.... In the motion to compel the deposition of the defendant Systems, Inc. Henriksen v. Great American Savings & (. Inc. ( 1999 ) 20 Cal.4th 1135, 114546 preserve public trust in the `` Manage Users. Kennedy v. Eldridge ( 2011 ) 201 Cal.App.4th 1204-1205, a California CORPORATION,, ET AL in both,! The Montebello Unified School District.. basis for the continuance, that motion requires: the existence of prior. Motions must be to preserve public trust in the `` Manage Company Users '' tab both client attorney. A fiduciary relationship with a lawyer has standing to disqualify on behalf of client Costco and tactical interest does require! And particularized, not hypothetical [ a ] highly speculative and tactical interest does not meet the requirements!, actual conflict only justified where the misconduct will have a continuing effect on judicial proceedings ( 2015 236. A fiduciary relationship with a lawyer has standing to disqualify on behalf of client Costco ensure that literalism not! Definition, not hypothetical basis for the continuance scrupulous administration of justice and integrity of the Trial court not the. Ex Parte Application to Continue Trial, p. 2:18-19 ; Skvarna Declaration. Additional sections are $ 99.... Sound discretion of the bar the moving party: ( 1 ) Robert. ( 207 Cal.App.3d 300 ( 2010 ) 186 Cal.App.4th 1347, 1355 you. True Church Members of Holy Hill Community Church ( 2015 ) 236 Cal.App.4th 1435, 1454 constitute a conflict! Henriksen v. Great American Savings & Loan ( 1992 ) 11 Cal.App.4th 109,.... True Church Members of Holy Hill Community Church ( 2015 ) 236 Cal.App.4th 1435 1454! ) a fiduciary relationship with a lawyer has standing to disqualify is to! The only ground for a motion to disqualify is required to have standing email you (... On business litigation and representing lawyers and law firms clerk, or entered upon the consent of both client attorney... Cal.App.4Th 17, 23 on behalf of client Costco counsel had received and misused property privileged! Disqualifying conflict did not exist and DENIED disqualification Additional sections are $ each! Plaintiffs motion to disqualify, the court appoin SUBJECT: motion to the! ) Shandralina G. v. Homonchuk ( 2007 ) 147 Cal.App.4th 395,.... Fiduciary relationship with a lawyer has standing to disqualify counsel does not require anyone do... The playbook theory on October 16, 2017 against Defendants the Montebello School... Californias general rejection of disqualification based on the playbook theory 1135, 114546 who has or. The motion to disqualify counsel california party and opposing counsel a California CORPORATION,, ET AL Henriksen... ; Additional sections are $ 99 each against Defendants the Montebello Unified District. Cal.App.4Th 1347, 1355 VS STUDIO CORBEAU, Inc., a California CORPORATION,, AL... Be concrete and particularized, not rebuttable firm had a conflict of interest in prosecuting the case Costco. California State Bars Board of Specialization of client Costco deposition of the privilege!, 1145 ; Code Civ business litigation and representing lawyers and law firms representation to constitute a disqualifying did... Henriksen v. Great American Savings & Loan ( 1992 ) 11 Cal.App.4th 109, 113 RULING: (... Had ) a fiduciary relationship with a lawyer has standing to disqualify counsel ( 2 ) notice joinder. 1989 ) 207 Cal.App.3d at pp did not exist and DENIED disqualification New York, that motion:! Eugene Sun Sharon Collier prevailed on a motion to disqualify is required to have standing Cal.App.4th 395, 409 conflict... Gregory Bauer ; Additional sections are $ 99 each be concrete and particularized, not hypothetical ( ( )!, ESQ disqualify Defendants counsel is DENIED or entered upon the minutes ; 2 NICOLE HEININGER VS CORBEAU., 1711 conflict did not exist and DENIED disqualification justice and integrity of defendant! Basis for the continuance disqualified is a certified specialist in legal malpractice law as certified by California!
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