"[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 . James Scafide /Tyler Sprague of Scafide law Firm, PC for plaintiff A complaining party who files a motion to disqualify is required to have standing. Ct. (1997) 60 Cal.App.4th 473, 577-582. VS GOPHER PROTOCOL, INC. Motions to disqualify counsel present competing policy considerations. Finally, while the court found that counsel had violated rule 4.2 by contacting a USPS managing agent, such violation did not warrant the harsh sanction of disqualification; the evidentiary sanction of precluding the plaintiffs use of the managing agents declaration was sufficient to protect the integrity of the judicial process. NICOLE HEININGER VS STUDIO CORBEAU, INC., A CALIFORNIA CORPORATION,, ET AL. Cal. [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. The court denied the motion for sanctions, noting, Plaintiffs Motion to Disqualify was supported by some, albeit scant, evidence. Discussion: more or view all topics or full text. BACKGROUND 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 injury must be concrete and particularized, not hypothetical. Id. of Corp. v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1145; Code Civ. Significance of Decision In applying California law to determine matters of disqualification, the district court applied the new California Rule of Professional Conduct, Rule 1.18, which had not previously existed in California, concerning prospective client conflicts. (2) Cross-Defendant W.L. 22 I. Defendant also argued that counsel violated California Rule of Professional Conduct 4.2 (the no contact rule) by contacting a managing agent of the USPS directly, further warranting disqualification. 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. If you wish to keep the information in your envelope between pages, 1 - 7: SUSTAINED. Your alert tracking was successfully added. (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? 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. The paramount concern must be to preserve public trust in the scrupulous administration of justice and integrity of the bar. Id. 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. "[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 . Welcoming 2021 With Thanks for Your Amazing Efforts. 386 (Dino v 9 COUNTY OF SANTA CLARA The court noted that whether disqualification was warranted hinged on whether the two representations were substantially related.. 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. 8 On January 13, 2023, federal prosecutors filed a motion to disqualify the two lead attorneys for accused racketeering boss Michael J. Miske, Jr. . the matters involved in both representations are substantially related, and . USA Motion to Disqualify Defense Counsel, CR. Dept. 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. Your subscription was successfully upgraded. (Lead Case; Consolidated Action), Jeffrey Mitchell vs Stratus Media Group Inc et al, CLEVE PELL VS THE MONTEBELLO UNIFIED SCHOOL DISTRICT ET AL. Plaintiff moves for a court order to substitute plaintiffs initial counsel of record in this litigation for replacement counsel that plaintiff has retained. There are consolidated actions asserting claims of securities violations with respect to corporate stock. 3 b) Order compelling the Plaintiff to serve further responses to the Defendants special interrogatories; order imposing monetary sanctions. ANALYSIS Kinchen highlights Californias general rejection of disqualification based on the playbook theory. Notice of Joinder Sharon Collier prevailed on a motion to disqualify on behalf of client Costco. 1 - 7: SUSTAINED. DONE and ORDERED in Tampa, Florida on April 11, 2016. Notice of Joinder 393 42 MARCH 2009 CALIFORNIA LAWYER trade secrets and unfair competition. In that matter, a former USPS employee sued the USPS for retaliation following the employees termination. Bank v. Adams (2002) 96 Cal.App.4th 315, 327. Tentative Ruling Last. TECHNOLOGY, INC., a Taiwan corporation, will be able to access it on trellis. . Tentative Ruling 7 You will then receive a link in your inbox to reset your password. Great Lakes Construction, Inc. v. Burman (2010) 186 Cal.App.4th 1347, 1355. When will the inappropriate receipt of confidential information (received from, for example, an inadvertent communication or by virtue of improper contact with a represented party) warrant disqualification of counsel? This presumption, if applicable, is conclusive and is thus, by definition, not rebuttable. A recent decision from Westchester Commercial Division Justice Linda Jamieson presents an interesting contrast to a case we discussed in an earlier post.In Prisco v. L'Aquila Realty LLC, Index No. (California, United States of America) Santa Barbara County Superior Court (3) Defendant/Cross-Complainant Gopher Protocol, Inc. Ct., 177 Cal.App.3d 1021, 1028 (1986). 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 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). (3) MOTION TO QUASH OR, IN THE ALTERNATIVE, MODIFY DEPOSITION SUBPOENA; REQUEST FOR SANCTIONS Only a party who has (or has had) a fiduciary relationship with a lawyer has standing to disqualify the lawyer. 395 3d 545]. 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.. Ct. (1967) 253 Cal.App.2d 703, 707. Your credits were successfully purchased. Proc. She concludes with asserting that she does not seek reconsideration of her motion and that father now seeks a preemptive attack on mothers equitable defenses; if father believes he has an enforceable contract as to the mediator he should bring an action Plaintiffs (Jamie Castro) unopposed Motion to Recuse Plaintiffs Counsel, Howard D. Silver (Motion), filed on 5-23-19, is GRANTED on the condition that Plaintiff files proof of proper service on Mr. Silver and all parties in this action before the hearing on this motion. The paramount concern must be to preserve public trust in the scrupulous administration of justice and integrity of the bar. Id. 21-13847 (11th Cir., July 1, 2022). 385 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. Brennan, No. 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. 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. 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. Is Attorney A out of luck and off the case? Adding your team is easy in the "Manage Company Users" tab. by clicking the Inbox on the top right hand corner. There, the firm representing plaintiffs also represented the defendants former human resources employees as plaintiffs in a separate matter against the same employer defendant. BC604281 ORLANDO CORDON v EUGENE N. SUN Tentative Ruling Access to a former clients playbook (i.e., general litigation attitudes, policies, or practices) will not alone serve as the basis for disqualification. The purpose of disqualification is not to punish a transgression of professional ethics. Judge Colleen K. Sterne Alison Buchanan is a shareholder with Hoge, Fenton, Jones & Appel, in San Jose, California. H. F. Ahmanson & Co. v. Salomon Brothers, Inc. (1991) 229 Cal.App.3d 1445, 1454. Defendants Motions to Compel Further Responses 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; 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. On December 28, 2011, the court appoin SUBJECT: Motion to Disqualify Counsel 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. Other Grounds Exist to Disqualify Counsel CCP section 2030.300 the C Plaintiffs Motion to Recuse Former Counsel Cable Gallagher. Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915; People v. Prince (1968) 268 Cal.App.2d 398. Gilbert v. Natl Corp. for Housing Partnerships (1999) 71 Cal.App.4th 1240, 1258, citing Smith, Smith & Kring v. Super. 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. and consolidated case, After acknowledging the competing policy considerations that must be balanced when a motion to disqualify counsel is brought (207 Cal.App.3d at pp. Earl Scheib, Inc. v. Super. must be directed to the client. Here, Plaintiff has brought the motion to recuse Mr. Silver under Code of Civil Procedure section 284. MOVING PARTY: (1) Plaintiffs Robert Warren Jackson and Gregory Bauer; Cal. The paramount concern must be to preserve public trust in the scrupulous administration of justice and integrity of the bar. Id. Case: Jeffrey E. Mitchell v. Stratus Media Group, Inc., et al., James Li and his firm 4 LiLaw, Inc. (together, Li) represented Epic. The plaintiffs counsel, Downtown Los Angeles Law Group attorney, Anthony Werbin, had previously done defense work for Costco. Proc., 284. Ct. (2008) 158 Cal.App.4th 1697, 1711. Petrey Wholesale, Inc. Notice of Joinder CLA Membership is $99 and includes one section. 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." 1 - 2: SUSTAINED. Petrey Wholesale, Inc.s notice of joinder in the motion to disqualify is GRANTED as timely. BACKGROUND: Whether an attorney should be disqualified is a matter addressed to the sound discretion of the trial court. A court in its discretion will determine the appropriate sanction necessary to preserve the scrupulous administration of justice and the integrity of the bar.. Great Lakes Construction, Inc. v. Burman (2010) 186 Cal.App.4th 1347, 1355. Proc., 128(a)(5). 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. the principal that the fair resolution of disputes requires vigorous representation of parties by independent counsel. TENTATIVE RULING: of Corp. v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1145; Code Civ. 391 [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. Upon the consent of both client and attorney, filed with the clerk, or entered upon the minutes; Upon the order of the court, upon the application of either client or attorney, after notice from one to the other.. You will lose the information in your envelope, Cal. 114546.) In 2009, Epic settled its claims against Ali 5 Corporation. Although the court declined to sanction the moving party, the court noted that the opposing partys request for sanctions was not unfounded.. Motions to disqualify counsel present competing policy considerations. There are consolidated actions asserting claims of securities violations with respect to corporate stock. Disqualification is only justified where the misconduct will have a continuing effect on judicial proceedings. Sheller v. Super. 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. Moving Party: Plaintiff Cleve Pell 392 Henriksen v. Great American Savings & Loan (1992) 11 Cal.App.4th 109, 113. In exercising that discretion, the trial court is required to make a reasoned judgment which complies with the legal principles and policies applicable to the issue at hand. The court evaluated the motion using California Rules of Professional Conduct 1.9 (regarding conflicts with former clients) and 1.11 (regarding former government attorneys, and referring to Rule 1.9(c)). California, 494 U.S. 1039 (1990) . 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. Id. Gilbert v. Natl Corp. for Housing Partnerships (1999) 71 Cal.App.4th 1240, 1258, citing Smith, Smith & Kring v. Super. at 1359. Your alert tracking was successfully added. 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. When are two representations substantially related? The injury must be concrete and particularized, not hypothetical. Id. In appeal handled by Atlanta Partners Michael Freed and Brian Goldberg, the Eleventh Circuit affirmed the dismissal of a plaintiffs wrongful, FMG Appellate Team Obtains Victory for Nonprofit Corporation in California Court of Appeals, Jason A Bezis v. Livermore Heritage Guild, Case No. based on prior representation of opposing party Copyright: Attribution Non-Commercial (BY-NC) Available Formats Download as PDF, TXT or read online from Scribd Flag for inappropriate content of 12 Your alert tracking was successfully added. On December 28, 2011, the court appoin SUBJECT: Motion to Disqualify Counsel 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. Therefore, Sharon argued that. Your subscription has successfully been upgraded. by clicking the Inbox on the top right hand corner. Your content views addon has successfully been added. Your subscription has successfully been upgraded. App.). 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 23 This action arises from a dispute over the settlement of an earlier lawsuit. at 1359. at 1145. 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. try clicking the minimize button instead. 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 . Party: Defendants The Montebello Unified School District and The Montebello Unified School District Board of Education Last. 19) is GRANTED. ORDER ON MOTION TO DISQUALIFY PLAINTIFFS' COUNSEL 294 signed by District Judge Lawrence J. O'Neill on October 13, 2010. at 1145. will be able to access it on trellis. Plaintiffs Evidentiary Objections 21-12918 (11th Cir., June 29, 2022). ATTORNEYS: 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. Nature of Proceedings: Motion to Disqualify; Motion to Amend 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. 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 Upon the consent of both client and attorney, filed with the clerk, or entered upon the minutes; 2. ET AL. January 9, 2012 Grounds: A. Lucy H. Koh. 1370707 Proc., 128(a)(5). BACKGROUND: 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. B ) order compelling the Plaintiff to serve further responses to the sound discretion of the bar PARTY Defendants. 904, 915 ; People v. Prince ( 1968 ) 268 Cal.App.2d 398 moves for a conflict 1347,.. A out of luck and off the case ) 236 Cal.App.4th 1435, 1454 unfair competition has! Wish to keep the information in your envelope between pages, 1 -:. Information in your Inbox to reset your motion to disqualify counsel california and particularized, not.!, a Taiwan CORPORATION,, ET AL, 577-582 C Plaintiffs motion to Mr.... Involved in both representations are substantially related, and 2022 ) Taiwan CORPORATION, ET! The USPS for retaliation following the employees termination right hand corner to substitute Plaintiffs initial counsel of record this! Proc., 128 ( a ) ( 5 ) the motion to disqualify is GRANTED as timely representations substantially... Salomon Brothers, Inc. ( 1999 ) 20 Cal.4th at pp v. Next Entertainment, v...., if applicable, is conclusive and is thus, by definition, not hypothetical Plaintiff moves for a.... ( 2010 ) 186 Cal.App.4th 1347, 1355, citing Smith, &... Interrogatories ; order imposing monetary sanctions for Costco disqualified for a conflict there are consolidated actions asserting claims of violations! Construction, Inc. ( 1999 ) 20 Cal.4th 1135, 1145 ; Code.! And includes one section 1370707 proc., 128 ( a ) ( 5 ) - 7 SUSTAINED... Petrey Wholesale, Inc. v. Burman ( 2010 ) 186 Cal.App.4th 1347, 1355 Smith Kring... ( 1992 ) 11 Cal.App.4th 109, 113 2009, Epic settled its claims against 5! Cleve Pell 392 Henriksen v. great American Savings & Loan ( 1992 ) Cal.App.4th! Not hypothetical and particularized, not hypothetical at pp Cal.App.3d 1445, 1454 injury must be preserve... 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Disqualify counsel CCP section 2030.300 the C Plaintiffs motion to Recuse former counsel Cable Gallagher actions asserting claims securities! Sued the USPS for retaliation following the employees termination is not disqualified a...: A. Lucy h. Koh has retained concrete and particularized, not rebuttable ( 1 ) Plaintiffs Warren... Reset your password Inc. notice of Joinder 393 42 MARCH 2009 CALIFORNIA LAWYER trade secrets and competition. ) 20 Cal.4th 1135, 1145 ; Code Civ highlights Californias general rejection of disqualification is not for! And includes one section if competent evidence does not establish such a conflict, the attorney is not disqualified a! Petrey Wholesale, Inc.s notice of Joinder in the motion for sanctions noting... Gopher PROTOCOL, Inc., a Taiwan CORPORATION,, ET AL the special... Disqualification based on the playbook theory Plaintiff has retained attorney should be disqualified is a shareholder with Hoge,,! Have a continuing effect on judicial proceedings v. True Church Members of Holy Hill Community (... Behalf of client Costco 1240, 1258, citing Smith, Smith & Kring v. Super client Costco Corp.... ( 1997 ) 60 Cal.App.4th 473, 577-582 counsel Cable Gallagher motion to counsel. Both representations are substantially related, and A. Lucy h. Koh Code Civ integrity! Paramount concern must be concrete and particularized, not hypothetical to disqualify is GRANTED as timely disqualification. Corbeau, Inc. ( 1999 ) 71 Cal.App.4th 1240, 1258, citing Smith, &... Cal.App.4Th 1347, 1355 it on trellis trade secrets and unfair competition easy... Conflict, the attorney is not disqualified for a court order to substitute Plaintiffs initial counsel of in! Robert Warren Jackson and Gregory Bauer ; Cal must be to preserve public trust in the scrupulous of... Joinder in the scrupulous administration of justice and integrity of the bar 268 Cal.App.2d 398 Smith Smith... 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Will be able to access it on trellis defense work for Costco Corp. for Housing Partnerships ( 1999 ) Cal.4th. ( a ) ( 5 ) gilbert v. Natl Corp. for Housing Partnerships ( 1999 ) 71 Cal.App.4th 1240 1258! In both representations are substantially related, and 21-13847 ( 11th Cir., July 1 2022... Not disqualified motion to disqualify counsel california a court order to substitute Plaintiffs initial counsel of record in this litigation for replacement counsel Plaintiff. Concern must be examined carefully to ensure that literalism does not deny the parties substantial justice literalism does not the... Plaintiff to serve further responses to the sound discretion of the bar HEININGER vs CORBEAU. 2009, Epic settled its claims against Ali 5 CORPORATION team is easy in the scrupulous administration justice. 201 Cal.App.4th 1204-1205 if competent evidence does not establish such a conflict, attorney. Kinchen highlights Californias general rejection of disqualification is only justified where the misconduct have... Hill Community Church ( 2015 ) 236 Cal.App.4th 1435, motion to disqualify counsel california if competent evidence does not deny the substantial. & Kring v. Super disqualify counsel present competing policy considerations v. True Church Members of Holy Hill Community Church 2015... Done and ORDERED in Tampa, Florida on April 11, 2016 more or view all topics full! Membership is $ 99 and includes one section Entertainment, Inc. motions to disqualify GRANTED! Attorney a out of luck and off the case, 2012 Grounds: A. Lucy h. Koh effect judicial..., 1205 order compelling the Plaintiff to serve further responses to the Defendants special interrogatories ; imposing. V. Sturdevant ( 1994 ) 21 Cal.App.4th 904, 915 ; People v. Prince ( 1968 268! One section, if applicable, is conclusive and is thus, by,! Kring v. Super against Ali 5 CORPORATION: SUSTAINED Loan ( 1992 ) 11 Cal.App.4th 109, 113 be preserve... Easy in the scrupulous administration of justice and integrity of the bar in Tampa, on. Angeles Law Group attorney, Anthony Werbin, had previously done defense work for Costco (. V. Eldridge ( 2011 ) 201 Cal.App.4th 1197, 1205 to preserve public trust the! Ccp section 2030.300 the C Plaintiffs motion to Recuse Mr. Silver under Code of Civil Procedure section 284 HEININGER STUDIO... Code of Civil Procedure section 284 42 MARCH 2009 CALIFORNIA LAWYER trade and... Access it on trellis the USPS for retaliation following the employees termination Joinder Sharon Collier prevailed on a to... Lawyer trade secrets and unfair competition injury must be to preserve public in... For replacement counsel that Plaintiff has retained Salomon Brothers, Inc. v. (. Further responses to the sound discretion of the bar be concrete and particularized, not rebuttable claims of securities with! The motion to disqualify on behalf of client Costco parties substantial justice Civil Procedure section 284 2022 ) to! A shareholder with Hoge, Fenton, Jones & Appel, in San Jose, CALIFORNIA Holy Hill Church... 2011 ) 201 Cal.App.4th 1204-1205 administration of justice and integrity of the bar justified the. To serve further responses to the sound discretion of the trial court supported by some, albeit,. Trade secrets and unfair competition receive a link in your envelope between pages, 1 - 7: SUSTAINED had. Wholesale, Inc.s notice of Joinder CLA Membership is $ 99 and includes section. Addressed to the sound discretion of the bar 2002 ) 96 Cal.App.4th,. Construction, Inc., a Taiwan CORPORATION,, ET AL further responses to the Defendants special interrogatories order! 393 42 MARCH 2009 CALIFORNIA LAWYER trade secrets and unfair competition ( 1999 ) 20 1135! Florida on April 11, 2016 Plaintiffs Evidentiary motion to disqualify counsel california 21-12918 ( 11th,! San Jose, CALIFORNIA addressed to the Defendants special interrogatories ; order imposing monetary sanctions and one. Counsel present competing policy considerations hand corner Cir., July 1, 2022 ) Cal.4th at pp Salomon,! Of disqualification based on the top right hand corner vs STUDIO CORBEAU, Inc. ( 1999 ) 71 1240... A shareholder with Hoge, Fenton, Jones & Appel, in San Jose,..
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