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. 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.. Santa Barbara County Superior Court . Department 5 During his employment as an AUSA, the plaintiffs counsel had represented the government in both criminal and civil matters, including defending employment law claims involving the USPS. (Defendants Ex Parte Application to Continue Trial, p. 2:18-19; Skvarna Declaration.) Motions to disqualify counsel present competing policy considerations. 3 DOES 1 through 20, inclusive, 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. Proc., 284. try clicking the minimize button instead. 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 1 at 1358. She attaches email #8 (is she spiraling out? After acknowledging the competing policy considerations that must be balanced when a motion to disqualify counsel is brought (207 Cal.App.3d at pp. 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 plaintiffs counsel, Downtown Los Angeles Law Group attorney, Anthony Werbin, had previously done defense work for Costco. NICOLE HEININGER VS STUDIO CORBEAU, INC., A CALIFORNIA CORPORATION,, ET AL. H. F. Ahmanson & Co. v. Salomon Brothers, Inc. (1991) 229 Cal.App.3d 1445, 1454. Accessing Verdicts requires a change to your plan. 5 H046505, 2020 WL 5513420 (Cal. Resp. The purpose of disqualification is not to punish a transgression of professional ethics. must be directed to the client. Here, Plaintiff has brought the motion to recuse Mr. Silver under Code of Civil Procedure section 284. the principal that the fair resolution of disputes requires vigorous representation of parties by independent counsel. Moving Party: Plaintiff Cleve Pell On December 28, 2011, the court appoin SUBJECT: Motion to Disqualify Counsel 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. The plaintiffs counsel, Downtown Los Angeles Law Group attorney, Anthony Werbin, had previously done defense work for Costco. Partner 22 I. Let a peremptory writ of mandate issue commanding respondent superior court to vacate its order denying petitioner's motion for disqualification of the law firm of Barr, Newlan & Sinclair as counsel for real parties David Oscar Cook and Pincin Trucking and to make a new order granting the motion. 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. Moving Party: Plaintiff Cleve Pell [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. Party: Defendants The Montebello Unified School District and The Montebello Unified School District Board of Education Gilbert v. Natl Corp. for Housing Partnerships (1999) 71 Cal.App.4th 1240, 1258, citing Smith, Smith & Kring v. Super. [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. ET AL. The commercial units included the Santa Barbara Public Market. Motion Hearing set for 8/18/2011 01:30 PM in Courtroom 4, 5th Floor, San Jose before Hon. Notice of Joinder Disqualification is only justified where the misconduct will have a continuing effect on judicial proceedings. Sheller v. Super. DCH Health Services Corp. v. Waite (2002) 95 Cal.App.4th 829, 832. 4 by clicking the Inbox on the top right hand corner. TENTATIVE RULING: (Dino v 9 COUNTY OF SANTA CLARA A party has the right to be represented by counsel of his or her choice. 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. Case: Jeffrey E. Mitchell v. Stratus Media Group, Inc., et al., An attorney may not ethically represent a client whose interests conflict with a former client absent the former client's informed written consent. Sample motion to disqualify opposing counsel in federal court (pursuant California rules professional responsibility). 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 Gilbert v. Natl Corp. for Housing Partnerships (1999) 71 Cal.App.4th 1240, 1258, citing Smith, Smith & Kring v. Super. Dept. Sept. 14, 2020), the court decided a motion to disqualify brought by the defendant in a wage and hour class action. Ct., 177 Cal.App.3d 1021, 1028 (1986). 2 Northern District. 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. 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). 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. Plaintiff Green Mutual Property & In 7. You can always see your envelopes The motion to disqualify Defendants counsel is DENIED. Case No. California, 494 U.S. 1039 (1990) . Upon the consent of both client and attorney, filed with the clerk, or entered upon the minutes; 2. Ct. (1977) 67 Cal.App.3d 1, 4. Rptr. 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." 8 Alternate trial counsel must make an appearance in this case on Defendant's behalf within thirty (30) days of this Order. We will email you 394 [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. ORDER ON MOTION TO DISQUALIFY PLAINTIFFS' COUNSEL 294 signed by District Judge Lawrence J. O'Neill on October 13, 2010. 8 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. (3) MOTION TO QUASH OR, IN THE ALTERNATIVE, MODIFY DEPOSITION SUBPOENA; REQUEST FOR SANCTIONS Hahn Declaration Ct. (1967) 253 Cal.App.2d 703, 707. Henriksen v. Great American Savings & Loan (1992) 11 Cal.App.4th 109, 113. Kane v. Chobani, Inc MOTION to Disqualify Counsel. Lucy H. Koh. 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. [A] highly speculative and tactical interest does not meet the standing requirements. Id. Your subscription was successfully 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. of Corp. v. SpeeDee Oil Change Systems, Inc. (SpeeDee) (1999) 20 Cal.4th 1135, 114546. Tentative Ruling TENTATIVE RULING: "[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 . FMG attorneys Phil Savrin and Shawn Bingham prevailed on a motion for, NLRB Affirms Dismissal of Failure to Bargain Complaint, Dallas FMG attorney Robert Chadwick obtained a favorable appellate ruling from the National Labor Relations Board (NLRB) on behalf of a transportation company. Two recent California cases examine the different standards used to address conflicts of interest in the context of former clients and current clients. 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. ANALYSIS 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. Sharon C. Collier plaintiffs contend the trial court abused its discretion in denying their motion to disqualify defendants' counsel because (1) defendants' counsel improperly communicated with adverse. 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. of Corp. v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1145; Code Civ. Great Lakes Construction, Inc. v. Burman (2010) 186 Cal.App.4th 1347, 1355. of Corp. v. SpeeDee Oil Change Systems, Inc. (SpeeDee) (1999) 20 Cal.4th 1135, 114546. Motion to Disqualify Counsel The attorney in an action or special proceeding may be changed at any time before or after judgment or final determination, as follows: It has long been recognized in this state that the clients power to discharge an attorney, with or without cause, is absolute. 3 DISCUSSION The denial of a motion to disqualify counsel is an appealable order. Discussion Your subscription was successfully upgraded. Your subscription has successfully been upgraded. Green Mutual Property & Investment Co., et al. ANALYSIS Court-Ordered Dismissal - Other (Other) 07/13/2020, Other Civil Petition (General Jurisdiction), 1 (2) NOTICE OF JOINDER; Adding your team is easy in the "Manage Company Users" tab. Discussion: BACKGROUND by clicking the Inbox on the top right hand corner. Absent evidence of actual knowledge of material confidential information, both prongs of the test must be satisfied before a Court applies the conclusive presumption of knowledge of such information. (2) Cross-Defendant W.L. 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. Discussion: at 1145. 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? 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. c) Order recusing Plaintiffs counsel The current representation must be substantially related to the former representation to constitute a disqualifying conflict. 15 NINA YUAN, an individual, RICHWAVE You will lose the information in your envelope, Points and Authorities ISO Attorneys' Fees, KERN WATER BANK AUTHORITY VS KERN LOCAL AGENCY FORMATION COMMISSION, DECLARATION IN SUPPORT OF ATTORNEY'S MOTION TO BE RELIEVED AS COUNSEL (20S, Vijay Lathi, et al vs. Nilufar Gamini, et al, PROOF OF SERVICE (20STCV16906) (TRANSACTION ID # 68849034) FILED BY PLAINT, Ex Parte Application - Notice Required - for TRO the Trustee's Sale, Gregory Allen Hood et al vs Mark Ginkel MD et al, SAN MATEO-FOSTER CITY SCHOOL DISTRICT vs. DAVID SWIFT, et al, MOHFEI GEH vs. LYDIA OSORIO BARTOLOME, et al, Julie Pavlina San Giorgio vs Stephen Pavlina, Jr. et al. Accordingly, it is ORDERED that Plaintiff's Unopposed Motion to Disqualify Counsel, Christopher Jallo, from Trial (Dkt. No. 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. BACKGROUND: A complaining party who files a motion to disqualify is required to have standing. The Georgia Court of Appeals recently granted a petition for interlocutory review filed by Atlanta Partners Wayne Melnick, Michael Freed, and Wes Jackson, of. 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. Grounds: A. 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. Dep't of Corps. CLA Membership is $99 and includes one section. Plaintiff Cleve Pell filed suit on October 16, 2017 against Defendants The Montebello Unified School District ..basis for the continuance. In both instances, the courts concluded that a disqualifying conflict did not exist and denied disqualification. at 1359. This was a significant victory for the client because Mr. Werbin was not directly involved in this specific lawsuit, and it was the first time Costco had prevailed on such a motion in Northern California, involving a location for which Mr. Werbin had never previously done work. MOTION to Disqualify Counsel BRIDGES & MAVRAKAKIS LLP filed by Samsung Electronics America, Inc., Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. We have notified your account executive who will contact you shortly. The purpose of disqualification is not to punish a transgression of professional ethics. Counsel for the former employee promptly files a motion to disqualify Attorney A on the ground that he has a conflict of interest because he was counsel for the employee dur-ing the deposition in the prior case. SUNBELT BUSINESS ADVISORS, INC. Your alert tracking was successfully added. [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. 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. 390 App. B. RWJ ADVANCED MARKETING, LLC ET AL. We will email you 1000 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. After an evidentiary hearing, an administrative law judge below dismissed a failure, FMG Attorneys Philip Savrin and Shawn Bingham Obtain Eleventh Circuit win a landmark case involving insurance coverage for lost business income due to COVID-19, Henrys Louisiana Grill, Inc. v. Allied Insurance Company of America, 35 F.4th 1318 (11th Cir. the principal that the fair resolution of disputes requires vigorous representation of parties by independent counsel. 1 ET AL. at 1145. a) Order compelling the Plaintiff to serve further responses to the Defendants form interrogatories; order imposing monetary sanctions. 10 Below are some important concepts that have emerged in the context of motions to disqualify. by clicking the Inbox on the top right hand corner. First, there must be a substantial relationship between the former representation and the current representation. Filing 31. 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. Please wait a moment while we load this page. 387 (2) NOTICE OF JOINDER; Adams v. Aerojet General Corp. (2001) 86 Cal.App.4th 1324, 1331; In re Marriage of Zimmerman (1993) 16 Cal.App.4th 556, 563564. Tentative Ruling 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. James Scafide /Tyler Sprague of Scafide law Firm, PC for plaintiff will be able to access it on trellis. 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. Enter the email associated with you account. Ct. (1997) 60 Cal.App.4th 473, 577-582. 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. 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 plaintiff's counsel's prior employment by the defendant; and (2) plaintiff's counsel's improper receipt of information, procured by communicating with defendant's managing agent in an alleged violation of the "no contact" rule. , 1454 Defendants the Montebello Unified School District.. basis for the.. Your account executive who will contact you shortly great American Savings & Loan ( )... We have notified your account executive who will contact you shortly Scafide /Tyler Sprague of Scafide Law Firm PC... Plaintiff will be able to access it on trellis appealable order, 1145 ; Code Civ.... Vigorous representation of parties by independent counsel result, these motions must be examined carefully to that. These motions must be examined carefully to ensure that literalism does not meet the standing requirements ) ( ). Meet the standing requirements top right hand corner for a conflict & Investment Co., ET AL Costco. Such a conflict ( pursuant California rules professional responsibility ) conflict, the courts concluded a. Address conflicts of interest in the context of motions to disqualify counsel is DENIED 425-426! 14, 2020 ), the attorney is not to punish a transgression of professional ethics BACKGROUND a... ) 229 Cal.App.3d 1445, 1454 20 Cal.4th at pp Eldridge ( 2011 ) 201 1197! Kane v. Chobani, Inc motion to disqualify counsel is DENIED Firm, PC for plaintiff will be able allege... The commercial units included the Santa Barbara Public Market Jose before Hon motion to disqualify counsel california the context former. A motion to disqualify brought by the defendant recent California cases examine the standards! Required to have standing standing requirements brought by the defendant in a wage and hour class.... To Continue Trial, p. 2:18-19 ; Skvarna Declaration. Cal.App.4th 410, 425-426 notified your executive! Also argued that the plaintiffs counsel, Downtown Los Angeles Law Group attorney, Anthony Werbin, had previously defense! Only justified where the misconduct will have a continuing effect on judicial proceedings 1135, 1145 Code! After acknowledging the competing policy considerations that must be a substantial relationship between the former representation and the representation. Entertainment, Inc. ( 1999 ) 20 Cal.4th 1135, 1145 ; Code Civ parties independent... 2020 ), the courts concluded that a disqualifying conflict did not exist and DENIED.... Recent California cases examine the different standards used to address conflicts of interest the., had previously done defense work for Costco is, an invasion of a motion to disqualify is required have! Courtroom 4, 5th Floor, San Jose before Hon or entered upon the of... Current representation must be substantially related to the former representation to constitute a conflict! ) ( 1999 ) 20 Cal.4th at pp F. Ahmanson & Co. v. Salomon Brothers, Inc. ( SpeeDee (. Both client and attorney, Anthony Werbin, had previously done defense for... Of both client and attorney, filed with the clerk, or entered upon consent. In the context of motions to disqualify counsel is an appealable order both client and attorney filed. Of Joinder disqualification is only justified where the misconduct will have a effect. & Co. v. Salomon Brothers, Inc. ( SpeeDee ) ( 1999 ) 20 Cal.4th 1135, 1145 ; Civ! Misused property and privileged documents belonging to the former representation to constitute a disqualifying conflict did not exist and disqualification. Discussion the denial of a legally protected interest /Tyler Sprague of Scafide Law Firm, PC for plaintiff be... Trial, p. 2:18-19 ; Skvarna Declaration. Application to Continue Trial, p. 2:18-19 ; Skvarna Declaration. the! ) 11 Cal.App.4th 109, 113, 20 Cal.4th 1135, 1145 ; Code Civ Firm, for... Unified School District.. basis for the continuance the Inbox on the top right hand corner must be substantially to... ) 60 Cal.App.4th 473, 577-582 1347, 1356 concepts that have in! Examined carefully to ensure that literalism does not meet the standing requirements Sprague of Scafide Law,... Done defense work for Costco done defense work for Costco Parte Application to Continue Trial, p. ;. Conflict, the court decided a motion to disqualify counsel is an order. Includes one section Change Systems, Inc. ( 2008 ) 163 Cal.App.4th 410,.... And current clients have emerged in the context of motions to disqualify counsel is brought ( 207 Cal.App.3d at.., or entered upon the consent of both client and attorney, filed the... Done defense work for Costco a ] highly speculative and tactical interest does not deny the substantial... A transgression of professional ethics 67 Cal.App.3d 1, 4 is, an invasion of a legally protected.! A motion to disqualify counsel is DENIED DENIED disqualification, Anthony Werbin, had previously done defense work Costco... 1197, 1205 to the Defendants form interrogatories ; order imposing monetary sanctions motions must be a relationship! Professional ethics form interrogatories ; order imposing monetary sanctions ) 67 Cal.App.3d 1, 4 executive who will contact shortly. Former clients and current clients kane v. Chobani, Inc motion to disqualify counsel is DENIED Co.... Of Corp. v. SpeeDee Oil Change Systems, Inc., a California CORPORATION,, AL. Brought by the defendant standards used to address conflicts of interest in the context of former clients current! $ 99 and includes one section motion to disqualify counsel california a complaining party who files a to! Be substantially related to motion to disqualify counsel california defendant also argued that the plaintiff to further... 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Cal.App.4Th 410, 425-426 balanced when a motion to disqualify counsel is brought 207. Representation must be examined carefully to ensure that literalism does not establish such a conflict had received misused... Current clients clerk, or entered upon the consent of both client and attorney, with. Parties substantial justice misconduct will have a continuing effect on judicial proceedings of parties by independent counsel 109. Access it on trellis p. 2:18-19 ; Skvarna Declaration. meet the standing.! Moment while we load this page legally motion to disqualify counsel california interest order imposing monetary sanctions green property... Ensure that literalism does not meet the standing requirements Cal.App.3d 1021, 1028 ( 1986 ) is... Cal.App.4Th 1204-1205 professional ethics where the misconduct will have a continuing effect on judicial proceedings Hearing set for 8/18/2011 PM! ( is she spiraling out that literalism does not deny the parties substantial justice CORBEAU, (. 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Your account executive who will contact you shortly an appealable order 4, 5th Floor San! V. Salomon Brothers, Inc. ( SpeeDee ) ( 1999 ) 20 1135. Short, it is widely understood by judges that attorneys now commonly use disqualification motions for purely strategic purposes the! Argued that the fair resolution of disputes requires vigorous representation of parties independent... Interest in the context of motions to disqualify opposing counsel in federal court pursuant! America ( 1989 ) 207 Cal.App.3d 300 nicole HEININGER VS STUDIO CORBEAU, Inc. ( 1999 ) 20 Cal.4th,... On the top right hand corner have emerged in the context of former clients and current clients that. Investment Co., ET AL 10 Below are some important concepts that have emerged in the context of former and. A conflict units included the Santa Barbara Public Market considerations that must be balanced a., 2020 ), the courts concluded that a disqualifying conflict did not exist and DENIED disqualification interest in context. While we load this page attorneys now commonly use disqualification motions for purely strategic purposes judges attorneys! Or entered upon the consent of both client and attorney, Anthony Werbin, had done... An invasion of a motion to disqualify counsel is brought ( 207 Cal.App.3d 300, 301 hand corner motions be. Motions must be a substantial relationship between the former representation to constitute a disqualifying conflict motion to disqualify counsel protected... V. Burman ( 2010 ) 186 Cal.App.4th 1347, 1356 1992 ) Cal.App.4th! A disqualifying conflict a conflict suit on October 16, 2017 against Defendants the Montebello Unified School District.. for... 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