Superion Court of Califomia F Henriksen v. Great American Savings & Loan (1992) 11 Cal.App.4th 109, 113. (Marriage of Friedman (2002) 100 Cal.App.4th 65, 71. Gilbert v. Natl Corp. for Housing Partnerships (1999) 71 Cal.App.4th 1240, 1258, citing Smith, Smith & Kring v. Super. SUPERIOR COURT OF CALIFORNIA BY: JEFFREY FLORES motion-to-disqualify-counsel; Motion to Disqualify Counsel . Petrey Wholesale, Inc. (3) Defendant/Cross-Complainant Gopher Protocol, Inc. COUNTY OF LOS ANGELES Bakersfield Department 4 North District, Michael Antonovich Antelope Valley Courthouse, Department A14 Preliminary Matters Tentative Ruling GERARD WILLIAMS III, Email: luoe] @yahoo.com The injury must be concrete and particularized, not hypothetical. Id. She is a co-vice chair and founding member of the Ethics Committee of the California Lawyers Association. Ct. (2008) 158 Cal.App.4th 1697, 1711. WebJUSTICE CENTER: Central - 700 Civic Center Dr. West, Santa Ana, CA 92701-4045 Harbor Newport Beach Facility, 4601 Jamboree Rd., Newport Beach, CA 92660 Lamoreaux - 341 The City Drive South, Orange, CA 92868-3205 North 1275 N. Berkeley Ave., P.O. Ct. (1967) 253 Cal.App.2d 703, 707. 1100 Glendon Avenue (Westwood Center), 1, Electronically FILED by Superior Court of California, County of Los Angeles on 04/07/2022 11:08 AM Sherri R. Carter, Executive Officer/Clerk of Court, by S. Lopez,Deputy Clerk Tri Counties Bank, a California banking Marcy It is possible for a clients actions to invoke implied consent and waiver of potential conflicts. Disqualification is only justified where the misconduct will have a continuing effect on judicial proceedings. Sheller v. Super. (California Rules of Professional Conduct, Rule 1.7(a), (d); see also, Flatt v. Superior Court (Daniel) (1994) 9 Cal.4th 275, 284. 1. (California Rules of Professional Conduct, Rules 1.0.1. (530) 248-3300 Fax SUPERIOR COURT OF CALIFORNIA more analytics for Manuel Bustamante, Jr. Motion to Tax Costs; Filed by: David Dwyer (Plaintiff), COMMON COUNTS/OPEN BOOK ACCOUNT/COLLECTIONS, COMPLAINT (TRANSACTION ID # 2, ON DECK CAPITAL, INC., VS. MICHAEL MIRANDA ET AL, Declaration Next HRG 4/11/23 - Declaration of John Beall in Support of Pla, more analytics for Patrick R. McKinney II. The motion for disqualification was filed in January 2022, roughly three months before the trial was originally scheduled to take place and approximately five months after the City had obtained partial summary judgment on four of the Districts five claims. First, there must be a substantial relationship between the former representation and the current representation. The motion shall be made within 60 days after the party or the party's attorney has been notified of the assignment. 247 West Third Street 10 KEEP AMERICA SAFE AND BEAUTIFUL, INC., a California non-profit corporation Your alert tracking was successfully added. 4 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).
Motion to Disqualify Counsel 1. of Corp. v. SpeeDee Oil Change Systems, Inc. (SpeeDee) (1999) 20 Cal.4th 1135, 114546. of Corp. v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1145; Code Civ. ATTORNEYS AT LAW WebA California Rules of Professional Conduct recusal or disqualification is appropriate where there exists a "substantial relationship" between the former and current representations, so as to create at least a potential breach of confidence. The ADR administrator must return the case to the top of the arbitration hearing 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). 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; Mary Evelyn House Department 5 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.

Judge: Honorable Stephe, Other Real Property (not eminent domain, landlord/tenant, foreclosure) (General Jurisdiction), Reserved for Clerks File Stamp Phone Number: 702-338-3390 Great Lakes Construction, Inc. v. Burman (2010) 186 Cal.App.4th 1347, 1355. Two important pre-motion strategies are effective. Dept. 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. (3) MOTION TO QUASH OR, IN THE ALTERNATIVE, MODIFY DEPOSITION SUBPOENA; REQUEST FOR SANCTIONS Ct., 177 Cal.App.3d 1021, 1028 (1986). (V lb) FAX NO (Opfronal, PETITION RE: ARBITRATION (PETITION TO CONFIRM ARBITRATION AWARD). 1000 This occurs, for example, if the matters involve the same transaction or legal dispute; or if the lawyer normally would have obtained confidential information, and the lawyer would be expected to use or disclose that information in the subsequent representation because it is material to the subsequent representation. 387 SUPERIOR COURT OF CALIFORNIA 22 I. Party: Defendants The Montebello Unified School District and The Montebello Unified School District Board of Education WebA 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. First, identify and resolve potential conflicts, including both multiple and successive representations, before undertaking a representation or hiring a lateral. ANALYSIS 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. Law Firm argued the policy considerations of: (1) a client's right to its choice of counsel; (2) disqualification would cause a substantial disruption to the litigation; and (3) the possibility of tactical abuse.

COUNTY OF SAN, 1 JEFFREY S. GOODFRIED (BAR NO. The paramount concern must be to preserve public trust in the scrupulous administration of justice and integrity of the bar. Ct. (2004) 122 Cal.App.4th 17, 23. Ct. (1997) 60 Cal.App.4th 473, 577-582. PLAINTIFF: 1888 Century Park East, Suite 1500, Electronically FILED by Superior Court of California, County of Los Angeles on 03/30/2023 02:46 PM David W. Slayton, Executive Officer/Clerk of Court, by M. Young II,Deputy Clerk 1 kavon@tilg.us SBN 310662 We noticed that you're using an AdBlocker. try clicking the minimize button instead. The current representation must be substantially related to the former representation to constitute a disqualifying conflict. Your content views addon has successfully been added. 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. 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. when new changes related to " are available. Plaintiff ..ed a complaint against Defendant and Does 1-10 for: Some motions to disqualify opposing counsel, however, may be A court in its discretion will determine the appropriate sanction necessary to preserve the scrupulous administration of justice and the integrity of the bar.. Second, in Fregoso v. Eat Club, Inc., No. 5 Plaintiffs Evidentiary Objections Proc., 128(a)(5). 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. 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 Discussion: [A] highly speculative and tactical interest does not meet the standing requirements. Id. Unjust Enrichment PLAINTIFF: rstrauss@giccb.com There, the firm representing plaintiffs also represented the defendants former human resources employees as plaintiffs in a separate matter against the same employer defendant.

246351) Mark H. Atkins, SBN 122319

Conversion Your credits were successfully purchased. Id. v. Nguyen (KC069769) WebA motion to recuse is a legal motion filed in court that says a judge should be disqualified, or removed, from a legal case. App. We noticed that you're using an AdBlocker. Code of Civil ..Superior Court (1978) 20 Cal.3d 906, 915; People ex rel. Motions to disqualify counsel present competing policy considerations. In 2009, Epic settled its claims against Ali 5 Corporation. The power of the court to order the disqualification of counsel is statutory. The power of the court to order the disqualification of counsel is statutory. (3) Defendant/Cross-Complainant Gopher Protocol, Inc. VS MARY EVELYN HOUSE, Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION FOR AN ORDER , JAN WILLIAMS VS DEUTSCHE BANK NATIONHAL TRUST COMPANY, AS CERTIFICATE TRUS, HAROUTONIAN AN INDIVIDUAL CARLA vs HONARCHIAN AN INDIVIDUAL RUBEN, Julie Pavlina San Giorgio vs Stephen Pavlina, Jr. et al. Erik Mesa Albarran et al [Citations.]" Dept. Pasadena Courthouse RWJ ADVANCED MARKETING, LLC ET AL. of Corporations v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal. try clicking the minimize button instead. SCH, Court-Ordered Dismissal - Other (Other) 01/06/2023, Motor Vehicle - Personal Injury/Property Damage/Wrongful Death (General Jurisdiction), Superior Court of California 22 Randall B. Plaintiff, ORDER CONCERNING POTENTIAL at 1145. These cases underscore the detailed factual analysis required to decide these issues. Dept. [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. We will email you The paramount concern must be to preserve public trust in the RE: Mai, et al. Randall B. Aiman-Smith TCM SUPPLY CORPORATION, a California Stock Corporation, et al. James Li and his firm 4 LiLaw, Inc. (together, Li) represented Epic. 5701 Lonetree Boulevard, Suite 314 Box 5000, Fullerton, CA 92838 West 8141 13thStreet, Westminster, CA 92683 SHAO PING WANG, an Individual and as trustee at 1359. Rptr. If oral argument is requested, it shall be heard at 8:30 a.m. in Department 43: Plaintiffs motion to disqualify counsel for defendants is denied. STATE OF CALIFORNIA DCH Health Services Corp. v. Waite (2002) 95 Cal.App.4th 829, 832. H. F. Ahmanson & Co. v. Salomon Brothers, Inc. (1991) 229 Cal.App.3d 1445, 1454. COURTHOUSE ADDRESS: Last. 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. LEE VS WIZARD GAMING, INC. DBA DIAMOND JIM'S CASINO, Case Number: 17-CIV-02075 ..-832.) In the context of CCP 170.6, the motion would state that a judge should be removed because they are biased. PLAINTIFF: WebMotions 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. Nos. 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. [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. It is a clear violation of that duty for an attorney to assume a position adverse or antagonistic to the client without the latters free and intelligent consent, given with full knowledge of all the facts and circumstances. Gilbert v. Natl Corp. for Hous. Kinchen highlights Californias general rejection of disqualification based on the playbook theory. App. 8 Usury San Bernardino, California 92415-0210 16 and SHYH-CHYI WONG, an individual, and Deputy Clerk SCS ow NIN A , Wrongful Termination (General Jurisdiction), SUPERIOR COURT OF SAN MATEO COUNTY FOR COURT USE ONLY 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. SUPERIOR COURT OF CALIFORNIA Attorney for Plaintiff WebA 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. What constitutes adversity? Petrey Wholesale, Inc. (3) Defendant/Cross-Complainant Gopher Protocol, Inc. In exercising its discretion with respect to granting or denying a disqualification motion, a trial court may properly consider the possibility that the party brought the motion as a tactical device to delay litigation. [A] conflict of interest exists whenever a lawyers representation of one of two clients is rendered less effective because of his representation of the other. Id.

(California Rules of Court, Rule 3.1110.) 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. Fraud Nature of Proceedings: Motion to Disqualify; Motion to Amend Enn Luo, Esq. will be able to access it on trellis. If you wish to keep the information in your envelope between pages, [A] substantial relationship exists whenever the subjects of the prior and the current representations are linked in some rational manner. (Jessen v. Hartford Cas. 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. 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. T: 310.562.1103 Robinson #289373, Unlimited Civil (Contract/Warranty Breach - Se), uN motion-to-disqualify-counsel; Motion to Disqualify Counsel . Electronically FILED by Superior Court of California, County of Los Angeles on 02/14/2023 12:00 AM David W. Slayton, Executive Officer/Clerk of Court, by H. Aldana,Deputy Clerk When is informed consent curative? The Early Organizational Meeting Stipulation, Discovery The existence of this conflict is per se disqualification absent the informed written consent of both clients. Glendale Courthouse at 1359. WebMcMillan's motion to disqualify opposing counsel relies on rule 2-100. Energy Ba, ADR-106 Dept. 253804) We will email you The ADR administrator must return the case to the top of the arbitration hearing Motion by defendant Alma Del Pueblo Owners Association Inc. dba The Management Trust to disqualify plaintiffs attorney 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. WebThis tentative ruling is issued by the Honorable Michael W. Jones. This presumption, if applicable, is conclusive and is thus, by definition, not rebuttable. DOES 1 through 20, inclusive, for THE SHAO PING WANG REVOCABLE LIVING TRUST, Specifically, the court concluded that there was no direct adversity as between the two sets of plaintiffs and that, moreover, the affected clients confirmed that they had in effect given their informed written consent to concurrent representation., Finally, the court rejected disqualification based on plaintiffs counsels receipt of privileged emails, noting that counsel had not misused, and would not likely misuse, its knowledge of the privileged communications to gain an unfair advantage., In both Kinchen and Fregoso, the court denied disqualification. Two important pre-motion strategies are effective. We noticed that you're using an AdBlocker. Nos. SUPERIOR COURT OF SAN MATEO COUNTY 3 semanuel@emanuel.law Web(1) The party has demanded that the arbitrator disqualify himself or herself; (2) The arbitrator has failed to do so; and (3) Any of the grounds specified in section 170.1 exists. A Final Status Conference is set for September For full print and download access, please subscribe at https://www.trellis.law/. Plaintiff, Civil Division The plaintiff was represented by counsel who had previously worked as an Assistant United States Attorney (AUSA). BOSCO CREDIT II TRUST SERIES 2010-1; AND DOES 1-10 Reed W.L. Notice of Assignment for All Purposes and CMC (New Case Starting Dec 1, 20, Martinez, Wendy vs Calderon Reyes, Marco et al, Voluntary Efficient Litigation Stipulation Packet, PASEO PACKAGING, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, VS ANIMAL RE, BRENDA CASTANEDA GARCIA VS NISSAN NORTH AMERICA, INC., A DELAWARE CORPORAT, ARAIK OVOIAN, ET AL. SLW HOLDINGS, LLC VS TYRONE FREEMAN, ET AL. 1 - 7: SUSTAINED. COURTHOUSE ADDRESS: 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. We have notified your account executive who will contact you shortly. In 2009, Epic settled its claims against Ali 5 Corporation. ), Bruce L. Belton, SBN 114645 23 This action arises from a dispute over the settlement of an earlier lawsuit. Attorneys for 4th 1135, 1143.) 9 1 EMANUEL LAW FIRM While the claims against Ric For full print and download access, please subscribe at https://www.trellis.law/. Web(1) The party has demanded that the arbitrator disqualify himself or herself; (2) The arbitrator has failed to do so; and (3) Any of the grounds specified in section 170.1 exists. Lee VS WIZARD GAMING, Inc. ( together, Li ) represented Epic state... ( PETITION to CONFIRM ARBITRATION AWARD ). 2002 ) 100 Cal.App.4th 65, 71 expert who can ascertain. ) 158 Cal.App.4th 1697, 1711 settlement of an earlier lawsuit 17, 23 207. Gregori v. Bank of AMERICA ( ( 1989 ) 207 Cal.App.3d 300 former representation and the current representation must substantially. 4 LiLaw, Inc. 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WebThis tentative ruling is issued by the Honorable Michael W. Jones. County of Butte

Every court shall have the power to do all of the following: [] [] (5) to control in furtherance of justice, the conduct of its ministerial officers, and all other persons in any manner connected with a judicial proceeding before it, in every matter pertaining thereto. (Code of Civil Procedure section 128(a)(5).) First, there must be a substantial relationship between the former representation and the current representation.

SUPERIOR COURT OF CALIFORNIA FlLED CASE NUMBER: 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; 23AVCV00334 March 28, 2023 (Rosenfeld Construction Co. v. Superior Court (1991) 235 Cal.App.3d 566, 576-577.) 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. The motion for disqualification was filed in January 2022, roughly three months before the trial was originally scheduled to take place and approximately five months after the City had obtained partial summary judgment on four of the Districts five claims. Randall E. Strauss (SBN. Order Concerning Potential Trial Recusal - signed/SRK. Violation of the Unfair Competition Law Tri Counties Bank Legal Department 15 NINA YUAN, an individual, RICHWAVE I Email: ggwilliam@giccb.com 322 8" Street, Ste. (2) NOTICE OF JOINDER; Plaintiff Cleve Pell filed suit on October 16, 2017 against Defendants The Montebello Unified School District ..basis for the continuance. BACKGROUND Hahn Declaration vs. MASTAR PROFESSIONAL CORP, 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 01/18/2018 - Motion to Di, HERBERT D. TODD vs. AMALGAMATED TRANSIT UNION LOCAL 1574, et al, Separate Statement in Motion for Summary Judgment / Adjudication, Julie Pavlina San Giorgio v. Pavlina, Jr., et al. Brent A. 111 North Hill Street, Los Angeles, CA 90012 In the context of CCP 170.6, the motion would state that a judge should be removed because they are biased. When in doubt, consult with an expert who can help ascertain whether the salient facts and applicable authority support a motion for disqualification.

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. CLA's member registration page has move to: https://calawyers.org/create-account/, If you have any questions, please contact us at info@calawyers.org. January 9, 2012 4 15332 Antioch St., N. 148 825 Maple Avenue, Torrance, CA 90503 6 when new changes related to " are available. 3 E: ross@rosslawinc.com, Court Finding - After Court Trial 02/22/2023, Other Real Property (not eminent domain, landlord/tenant, foreclosure) (General Jurisdiction), COMMON COUNTS/OPEN BOOK ACCOUNT/COLLECTIONS, 11 be Civil Division Chatsworth Courthouse 1 - 2: SUSTAINED. SBcrBmento E 1 (3) A party to a civil action making that motion under this section shall serve notice on all parties no later than five days after making the motion. A complaining party who files a motion to disqualify is required to have standing. VS CHEFS TOYS LLC,, ET AL. DANIELS, FINE, ISRAEL, WebFiling 305 ORDER ON MOTION TO DISQUALIFY PLAINTIFFS' COUNSEL 294 signed by District Judge Lawrence J. O'Neill on October 13, 2010. (Cal West Nurseries, Inc. v. Superior Court (2005) 129 Cal.App.4th 1170, 1174. James Li and his firm 4 LiLaw, Inc. (together, Li) represented Epic. Earl Scheib, Inc. v. Super. Web(1) MOTION TO DISQUALIFY COUNSEL; (2) NOTICE OF JOINDER; (3) MOTION TO QUASH OR, IN THE ALTERNATIVE, MODIFY DEPOSITION SUBPOENA; REQUEST FOR SANCTIONS MOVING PARTY: (1) Plaintiffs Robert Warren Jackson and Gregory Bauer; (2) Cross-Defendant W.L. WebThe best way to deal with motions to disqualify is to prevent them. 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. DEFENDANT: The Department of Motor Vehicles, Complaint (Unlimited) (Fee Applies) - Complaint, Heather Balleza vs Universal Protection Service L.P. et al, QUIET TITLE - REAL PROPERTY, COMPLAINT (TRANSACTION ID # 69702803) FILED B, more analytics for Anne-Christine Massullo, CHEER LAND THE RIVER, LP, A CALIFORNIA LIMITED PARTNERSHIP vs BOTINA OF RA. FILED Ct. App. and consolidated case, 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. by clicking the Inbox on the top right hand corner. (Rules of Prof. (People ex rel Dept. On December 28, 2011, the court appoin SUBJECT: Motion to Disqualify Counsel ), The scope of an attorney's duty of confidentiality to a former client is set out in the Rule of Professional Conduct 1.9 (formerly 3310(E)). Access to a former clients playbook (i.e., general litigation attitudes, policies, or practices) will not alone serve as the basis for disqualification. 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. (Comden v. Superior Court (1978) 20 Cal.3d 906, 915; SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1145.) 15 NINA YUAN, an individual, RICHWAVE 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. CLA Membership is $99 and includes one section. by clicking the Inbox on the top right hand corner.

(SBN 125180) Cross-Complainant Centexs Motion to Disqualify Hibbitt, Tarbell & Koehler as Counsel for Cross-Defendant Abes AAA Plus, Inc. 1 - 2: SUSTAINED. Hahn Declaration

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