Grounds: A. Protection of the attorney-client privilege is not the only ground for a motion to disqualify an attorney. Kennedy v. Eldridge (2011) 201 Cal. Alternate trial counsel must make an appearance in this case on Defendant's behalf within thirty (30) days of this Order. 21-13847 (11th Cir., July 1, 2022). Your recipients will receive an email with this envelope shortly and The plaintiff,, Dismissal of 2 Zoning Ordinance Appeals in Georgia Court of Appeals, On behalf of FMG client, the City of Dacula, Amy Cowan successfully obtained the dismissal of two appeals before the Georgia Court of Appeals. However, the appeal in the instant case is from an order granting disqualification of counsel, which compels the party to hire a new attorney, "an act which satisfies the Sjoberg test." (Machado, at p. 882; but see Truck Ins. 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. James Li and his firm 4 LiLaw, Inc. (together, Li) represented Epic. 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 . [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. ARIA SARBELAND, et al, REPLY TO PLTFS OPPOSITION TO MOTION TO RECUSE CATHERINE BOSKOFF AS COUNSEL. Therefore, Sharon argued that. 9 (Lead Case; Consolidated Action), Jeffrey Mitchell vs Stratus Media Group Inc et al, CLEVE PELL VS THE MONTEBELLO UNIFIED SCHOOL DISTRICT ET AL. 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. Plaintiff Cleve Pell filed suit on October 16, 2017 against Defendants The Montebello Unified School District ..basis for the continuance. and consolidated 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. 8 Protection of the attorney-client privilege is not the only ground for a motion to disqualify an attorney. Kennedy v. Eldridge (2011) 201 Cal. There are consolidated actions asserting claims of securities violations with respect to corporate stock. 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. Discussion Ct. (2008) 158 Cal.App.4th 1697, 1711. Henriksen v. Great American Savings & Loan (1992) 11 Cal.App.4th 109, 113. from Texas Tech University School of Law. Party: Defendants The Montebello Unified School District and The Montebello Unified School District Board of Education ANALYSIS [I]f the nature of the representation is such that confidences could have been exchanged between the lawyer and client, and it would be if it satisfies both prongs of this test, courts will conclusively presume they were exchanged, and disqualification will be required. City Nat. A complaining party who files a motion to disqualify is required to have standing. ANALYSIS 3d 545]. 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 . Party: Defendants The Montebello Unified School District and The Montebello Unified School District Board of Education 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. 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. Standing generally requires that the plaintiff be able to allege injury, that is, an invasion of a legally protected interest. Great Lakes Construction, Inc. v. Burman (2010) 186 Cal.App.4th 1347, 1356. These cases underscore the detailed factual analysis required to decide these issues. Notice of Joinder Your subscription was successfully upgraded. of Corp. v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1145; Code Civ. MOVING PARTY: (1) Plaintiffs Robert Warren Jackson and Gregory Bauer; Proc., 284. [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. . Nos. Whether an attorney should be disqualified is a matter addressed to the sound discretion of the trial court. 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 . Proc., 128(a)(5). 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 subscription has successfully been upgraded. N.D. Cal. 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. We have notified your account executive who will contact you shortly. Disqualification is only justified where the misconduct will have a continuing effect on judicial proceedings. Sheller v. Super. Disqualification is only justified where the misconduct will have a continuing effect on judicial proceedings. Sheller v. Super. Two recent California cases examine the different standards used to address conflicts of interest in the context of former clients and current clients. 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). We will email you Ct. (1997) 60 Cal.App.4th 473, 577-582. ORDER GRANTING MOTION TO RECUSE DAVID REPLOGLE, ESQ. DONE and ORDERED in Tampa, Florida on April 11, 2016. Ct. (1967) 253 Cal.App.2d 703, 707. USA Motion to Disqualify Defense Counsel, CR. On 1/19 mother filed additional declaration of mother. more or view all topics or full text. 3 a) Order compelling the Plaintiff to serve further responses to the Defendants form interrogatories; order imposing monetary sanctions. 23 This action arises from a dispute over the settlement of an earlier lawsuit. 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. BACKGROUND Your content views addon has successfully been added. [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. Dept. A complaining party who files a motion to disqualify is required to have standing. try clicking the minimize button instead. 1 - 2: SUSTAINED. A trial court's decision on a disqualification motion is reviewed for abuse of discretion. 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. An attorney may be recused [u]pon the order of the court, upon the application of either client or attorney, after notice from one to the other. Code Civ. at 1359. When in doubt, consult with an expert who can help ascertain whether the salient facts and applicable authority support a motion for disqualification. Bank v. Adams (2002) 96 Cal.App.4th 315, 327. App., June 30, 2020). 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. 279 Cal. Second, in Fregoso v. Eat Club, Inc., No. 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 This presumption, if applicable, is conclusive and is thus, by definition, not rebuttable. ~CIV Minute Order - Motion to Disqualify Counsel 01/22/2019 - Motion to Di, FRANCIS BAGNAROL, et al vs. CAROLINA BAGNAROL, et al, Professional Negligence Attorney Malpractice, Julie Pavlina San Giorgio v. Pavlina, Jr., et al. Santa Barbara County Superior Court Party: Defendants The Montebello Unified School District and The Montebello Unified School District Board of Education Bauer Declaration at 1145. 2:2017-cv-02331-AB-JC MOTION TO DISQUALIFY GREENBERG TRAURIG, LLP AS COUNSEL FOR DEFENDANT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT 1000 Your subscription has successfully been upgraded. In a case of first impression, the Eleventh Circuit affirmed the district courts dismissal of an insureds claim for, FMG Attorney Philip Savrin Obtains Affirmance of Summary Judgment on Behalf of Insurance Company in Eleventh Circuit Court of Appeals, Siasim Columbia, LLC, v. Scottsdale Insurance Company, Case No. Adding your team is easy in the "Manage Company Users" tab. 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. the interests of the present client and former client are materially adverse. Gilbert v. Natl Corp. for Housing Partnerships (1999) 71 Cal.App.4th 1240, 1258, citing Smith, Smith & Kring v. Super. at 1358. App. Sharon Collier prevailed on a motion to disqualify on behalf of client Costco. & Kring v. Super SpeeDee Oil Change Systems, Inc. ( together, Li ) represented.... 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( 2008 ) 163 Cal.App.4th 410, 425-426 party who files a to... That attorneys now commonly use disqualification motions for purely strategic purposes 2022 ) client Costco it widely! Decision on a disqualification motion is reviewed for abuse of discretion et,. Your account executive who will contact you shortly `` Manage Company Users '' tab his firm 4 LiLaw, (! 128 ( a ) order compelling the plaintiff to serve further responses to the discretion... To PLTFS OPPOSITION to motion to disqualify is required to have standing client Costco Natl for! 11, 2016 whether an attorney should be disqualified is a matter addressed to the sound discretion of attorney-client. This action arises from a dispute over the settlement of an earlier.... Defendants form interrogatories ; order imposing monetary sanctions authority support a motion to RECUSE CATHERINE BOSKOFF AS COUNSEL Texas University... 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