When can a lawyer be disqualified?

Useful Rulings on Lawyer’s Disqualification

Recent Rulings on Lawyer’s Disqualification

NASSER SEDAGHAT VS TARZANA HEALTH AND REHABILITATION CENTER

Levin’s motion to be relieved as counsel as moot; granted Defendants’ motion to enforce settlement; denied Plaintiff S. David Sedaghat’s motion for leave to intervene or alternatively file supplemental pleading; and denied Plaintiff S. David Sedaghat’s motion to disqualify Stewart J. Levin. On November 2, 2020, Plaintiff S.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

DAVENPORT V. GHC OF SANTEE, LLC

subject to disqualification upon grounds specified in Section 1281.91 but failed upon receipt of timely demand to disqualify himself or herself as required by that provision.

  • Hearing

JOSEPH DADON VS THE VIEW PACIFIC OWNER, LLC

Judge Lu has retained counsel and intends to pursue mediation with the Sellers. The Court makes this disclosure so that the parties are aware of all facts reasonably related to the issue of disqualification. The Court has no basis to recuse itself. The Court can remain fair and impartial to all parties.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

ROSE DIPLOMAT LLC VS MARY NELSON ET AL

DISCUSSION The Court shall vacate an arbitration award if an arbitrator making the award “failed to disclose within the time required for disclosure a ground for disqualification of which the arbitrator was then aware.” (Code Civ. Proc., § 1286.2, subd. (a)(6).)

  • Hearing

  • Type

    Real Property

  • Sub Type

    other

QUINTANILLA VS WITTMAN

The Motion (ROA # 25) of Defendant JOHN WITTMAN ("Defendant") for an order disqualifying counsel for Plaintiff GABRIEL QUINTANILLA ("Plaintiff"), the law firm of Procopio, Cory, Hargreaves & Savitch, from representing Plaintiff in this litigation, is GRANTED. The Court continued the hearing of this Motion to allow Defendant to lodge under seal evidence, if any, that the subject property had been identified on the Schedule of Assets and Debts prepared by Defendant's former counsel (Lionel P.

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

JOSEPH DADON VS THE VIEW PACIFIC OWNER, LLC

Judge Lu has retained counsel and will be pursuing mediation with the Sellers. The Court makes this disclosure so that the parties are aware of all facts reasonably related to the issue of disqualification. The Court has no basis to recuse itself. The Court can remain fair and impartial to all parties.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

LUCA FOSCHINI VS SHALINI ANANDA

The hearing on defendant Shalini Ananda’s motion to disqualify counsel from representing plaintiff remains on the January 8, 2021 calendar.

  • Hearing

  • Judge Donna Geck
  • County

    Santa Barbara County, CA

NOWLAND VS. VALENTE HAIR & COMPANY, INC.

On the court’s own motion, the Case Management Conference set for today, and plaintiff’s Motion to Disqualify Defendants’ Counsel of Record set for December 11, 2020, are continued to December 18, 2020 at 10:00 a.m., to be heard with defendants’ Motion to Stay Proceedings. Plaintiff is ordered to give notice of the ruling.

  • Hearing

NOWLAND VS. VALENTE HAIR & COMPANY, INC.

On the court’s own motion, the Case Management Conference set for today, and plaintiff’s Motion to Disqualify Defendants’ Counsel of Record set for December 11, 2020, are continued to December 18, 2020 at 10:00 a.m., to be heard with defendants’ Motion to Stay Proceedings. Plaintiff is ordered to give notice of the ruling.

  • Hearing

CHARLENE TANG VS 829 FLOWER, LLC , ET AL.

Upon making this disclosure, the Court advised that any party that desires to do so may request a continuance to file a timely motion to disqualify Judge Lu and/or to determine whether it wishes to file such a motion. Having been so advised, all parties (through Counsel) stated: (1) that they waive any right to bring a disqualification motion, and (2) that they wish to proceed with the hearing today.

  • Hearing

  • Type

    Real Property

  • Sub Type

    other

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

MASHIAN LAW GROUP VS R CHAPTER 3, LLC, ET AL.

Defendants argue plaintiff’s counsel is conflicted, and a motion to disqualify is pending but provide no authority that a pending motion to disqualify counsel stays all other hearings. In 2015 Mashian Law Group entered into a retainer agreement for legal services with Rapsody Holdings, LLC, owned by Renee Cohen and her siblings. Mashian decl. ¶3. On May 25, 2017 Mashian Law signed a new retainer to represent defendant R3 in ongoing litigation related to Rapsody. Mashian decl. ¶12 (Exhibit 2 to appendix).

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

BAJEC V. ROBICHEAUX 10:30 A.M.

Non-Parties explain that the disqualification of the Orange County District Attorney’s Office (OCDA) on the criminal case Judge Jones’ referral of the criminal case to the California Attorney General’s Office (AG) is a new fact. (Motion; 1:5-10.) The disqualification and referral occurred by way of court order on 8-20-20. (Bond Decl., ¶ 3 and Exhibit C.) This is a new fact that the court did not consider when it issued its rulings on 10-7-20 under ROA Nos. 402 and 403.

  • Hearing

TOLARA GROSS VS EDUCATION MANAGEMENT SYSTEMS

IN ORDER TO IMPLEMENT PHYSICAL DISTANCING AND UNTIL FURTHER NOTICE, THE COURT STRONGLY ENCOURAGES ALL COUNSEL AND ALL PARTIES TO APPEAR REMOTELY FOR NON-TRIAL AND NON-EVIDENTIARY MATTERS, INCLUDING THIS MOTION. talora gross, Plaintiff, v. EDUCATION MANAGEMENT SYSTEMS; et al. Defendants.

  • Hearing

  • Type

    Employment

  • Sub Type

    Wrongful Term

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

MANUEL BOROBIA VS COUNTRYWIDE HOME LOANS, INC., (A "LENDER"), ET AL.

A ‘standing’ requirement is implicit in disqualification motions. Generally, before the disqualification of an attorney is proper, the complaining party must have or must have had an attorney-client relationship with that attorney.” (Great Lakes Construction, Inc. v. Burman (2010) 186 Cal.App.4th 1347, 1356.) A confidential relationship must exist for any party to make an argument for disqualification. (Dino v. Pelayo (2006) 145 Cal.App.4th 347, 357.)

  • Hearing

  • Type

    Real Property

  • Sub Type

    Foreclosure

LEILA M LIM VS MAWI C LASET ET AL

Having been so advised, Plaintiff’s Counsel requested a continuance of the hearing, which the Court granted. The court advised that any party that wished to disqualify Judge Elaine Lu must file and serve a motion for disqualification within 21 days of the October 9, 2020 hearing. The court noted that the failure to file and serve a motion for disqualification within 21 days would be deemed a waiver of any disqualification issues. No party has filed a motion for disqualification since the last court date.

  • Hearing

  • Type

    Real Property

  • Sub Type

    other

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

BILAL ANAIM VS DANA K. MARTINO, ET AL.

Defense counsel cannot unilaterally declare that Defendant is not competent to testify. A witness is disqualified as a witness if the witness is incapable of expressing himself or is incapable of understanding the duty to tell the truth. People v. Mincey (1992) 2 Cal.4th 408, 444. Moreover, the party challenging the witness bears the burden of proving disqualification. Id.

  • Hearing

11-13-20 SALMONSON V. ORENSTEIN

CU20-084460 Superior Court of Nevada County Tentative Ruling Plaintiffs' Motion to Disqualify Defendant's counsel is denied without prejudice. The motion was not timely filed or served pursuant to CCP section 1005(b). It was required to be filed by October 21, 2020, but was not filed until October 23, 2020. Additionally, there is no proof of service in the court's file. The documents are signed October 23, 2020. They were required to be served by October 16, 2020.

  • Hearing

  • Judge

    Dept. 6

  • County

    Nevada County, CA

FIRST SECURE EQUITY LLC, ET AL. VS 2304 SAWTELLE LLC, ET AL.

Plaintiffs allege that at the conclusion of the first UD suit, Defendant 2304 Sawtelle retained new counsel Mesisca, Riley & Kreitenberg (“MRK LLP” or “Counsel”) to initiate a second UD suit. (Compl. ¶ 38.) Plaintiffs allege that Defendants filed the second UD action on May 30, 2018, against Plaintiffs (Case No.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

FIRST SECURE EQUITY LLC, ET AL. VS 2304 SAWTELLE LLC, ET AL.

Plaintiffs allege that at the conclusion of the first UD suit, Defendant 2304 Sawtelle retained new counsel Mesisca, Riley & Kreitenberg (“MRK LLP” or “Counsel”) to initiate a second UD suit. (Compl. ¶ 38.) Plaintiffs allege that Defendants filed the second UD action on May 30, 2018, against Plaintiffs (Case No.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

SONIA LAJAS VS HYUNDAI MOTOR AMERICA

Defendant argues that Plaintiff has no less than three counsel of record, meaning that, unlike the plaintiff in Liberty National, disqualification of Kaufman and Melton would not result in Plaintiff being without counsel. Defendant asserts that there was also no waiver for the same reasons there was no consent. The Court finds that Defendant has not waived its right to move to disqualify counsel.

  • Hearing

SONIA LAJAS VS HYUNDAI MOTOR AMERICA

Defendant moves to seal the following documents: portions of Defendant’s Memorandum of Points and Authorities in support of its Motion to Disqualify Plaintiff’s Counsel; portions of the Declaration of Alma Murray in support of HMA’s Motion to Disqualify Plaintiff’s Counsel; portions of the Declaration of Zhanna Bulkina in support of HMA’s Motion to Disqualify Plaintiff’s Counsel; Portions of the Declaration of Thomas N.

  • Hearing

DOE VS. INTERNATIONAL WATER POLO CLUB

The fact that he sent an email to one of the plaintiffs’ family members almost three years ago also does not disqualify him from silently attending depositions. Defendant Bahram Hojreh is ordered to give notice of the ruling unless notice is waived.

  • Hearing

DOE VS. INTERNATIONAL WATER POLO CLUB

Plaintiff has not shown that defendant Hojreh’s brother and attorney, Mark Hojreh, is likely to be a witness at the trial in this case or in any of the related cases, even if he was an officer and general counsel of defendant International Water Polo Club, and plaintiff has not moved for his disqualification. To the contrary, defendant Hojreh has waived any such conflict in writing.

  • Hearing

ARMANDO ORELLANA VS EDIT NUNEZ, ET AL.

Judge Lu has retained counsel and will be pursuing mediation with the Sellers. The Court makes this disclosure so that the parties are aware of all facts reasonably related to the issue of disqualification. The Court has no basis to recuse itself. The Court can remain fair and impartial to all parties.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

LAUTZ VS SNOWDEN CAPITAL ADVISORS LLC

to disqualification upon grounds specified in Section 1281.91 but failed upon receipt of timely demand to disqualify himself or herself as required by that provision.

  • Hearing

  • Type

    Other

  • Sub Type

    Intellectual Property

1 2 3 4 5 6 7 8 9 10 ... 84     last » 

For full print and download access, please subscribe at https://www.trellis.law/.

Please wait a moment while we load this page.