When can a lawyer be disqualified?

Useful Resources for Lawyer’s Disqualification

Recent Rulings on Lawyer’s Disqualification

51-75 of 2163 results

KOREAN WESTERN PRESBYTERIAN CHURCH OF LOS ANGELES VS JONG SUK CHOI, ET AL.

Based on the foregoing, Defendants’ motion to disqualify Counsel is denied. Dated: December _____, 2020 Hon. Monica Bachner Judge of the Superior Court

  • Hearing

    Dec 10, 2020

  • Type

    Business

  • Sub Type

    Intellectual Property

SAN LUIS OBISPO WELLNESS CENTER, CORP. V. CITY OF SAN LUIS OBISPO

On August 13, 2019, Dietrick, Johnson, and outside counsel, held an in-person hearing at City Hall with Petitioner, its counsel, and representatives of Petitioner’s consultant, Elemental Wellness, San Jose, (“Elemental”) to allow Petitioner to address the recommendations to disqualify Petitioner. (AR0686.) The City’s final decision disqualifying Petitioner form the application process was dated October 22, 2019 (the “Decision”). (AR0686-694.)

  • Hearing

    Dec 09, 2020

TERRY HERRERA, ET AL. VS FULL CIRCLE REAL ESTATE SOLUTIONS INC., A CALIFORNIA CORPORATION, ET AL.

When faced with disqualifying an attorney for an alleged conflict of interest, courts have considered such interests as the clients' right to counsel of their choice, an attorney's interest in representing a client, the financial burden on the client of replacing disqualified counsel, and any tactical abuse underlying the disqualification proceeding. (In re Complex Asbestos Litigation (1991) 232 Cal.App.3d 572, 586.)

  • Hearing

    Dec 09, 2020

  • Type

    Real Property

  • Sub Type

    Quiet Title

ZISHEN AI VS BAOHONG TANG

Defendants BaoHong Tang and Universal Plastics Recycling, Inc.’s motion to disqualify Plaintiffs’ counsel is DENIED. Defendants move to disqualify plaintiffs’ counsel for what it contends is a conflict of interest between Plaintiffs’ counsel and Plaintiffs. The court has the power to disqualify counsel in controlling the conduct of its ministerial officers in the furtherance of justice. (CCP § 128, subds. (a)(5).)

  • Hearing

    Dec 08, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

BEATA ZANONE ET AL. VS BERBERIAN EUROPEAN MOTORS, LLC ET AL.

The party must also notify affected counsel, or unrepresented parties, that they intend to appear, no later than 4:00 PM on the day before the scheduled hearing. Unless the Court and opposing counsel have been notified, the tentative ruling shall become the ruling of the Court without oral argument. To conduct a remote appearance, follow the instructions below. There is a dedicated conference bridge lines for Dept 10C. Call into dedicated conference bridge line at the time set for the hearing.

  • Hearing

    Dec 08, 2020

  • Judge Jayne Lee
  • County

    San Joaquin County, CA

CITY OF MONROVIA VS PAULINE WHITE, ET AL

MOTION TO DISQUALIFY COUNSEL Moving Party: Defendant Pauline White Responding Party: Plaintiff the City of Monrovia RELIEF REQUESTED: Order disqualifying counsel for the City of Monrovia FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff the City of Monrovia alleges that unpermitted grading and construction activity is taking place on property owned by defendant Pauline White, and seeks to enjoin that activity.

  • Hearing

    Dec 04, 2020

NIRA WOODS, DR. VS DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPEMENT

Becerra with the summons and complaint that her case was in any way prejudiced or that her actions require disqualification of another party’s chosen counsel.

  • Hearing

    Dec 04, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

  • County

    Los Angeles County, CA

JACLYN JANG VS LEE DONG JUN

Conclusion: Respectfully, Defendant’s Motion to Disqualify Plaintiff’s Counsel is GRANTED.

  • Hearing

    Dec 03, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

JEROLD BLOCK VS JOHN HUMBLE, ET AL.

Plaintiff filed the instant motion seeking to disqualify Wolk & Levine, LLP (“Wolk & Levine”) as counsel for the HOA on November 3, 2020. This motion is taken off-calendar as MOOT.

  • Hearing

    Dec 03, 2020

  • Type

    Employment

  • Sub Type

    Discrimination/Harass

(NO CASE NAME AVAILABLE)

of timely demand to disqualify himself or herself as required by that provision.

  • Hearing

    Dec 03, 2020

HS INDEPENDENCE LLC VS WAFA KATTO

Defendant/Cross-complainant Ninus Malan ("Malan"), a former client of Douglas Jaffe, counsel for Defendant/Cross-Defendant Wafa Katto ("Katto"), moved to disqualify Mr. Jaffe. The motion was granted. Malan now seeks to stay this matter pending the appeal filed by Katto as to the disqualification order. While Katto's appeal does not automatically stay this Court's order regarding disqualification, Malan may still seek a discretionary stay, which he does via this motion. (See URS Corp. v.

  • Hearing

    Dec 03, 2020

  • Type

    Real Property

  • Sub Type

    other

HS INDEPENDENCE LLC VS WAFA KATTO

Defendant/Cross-complainant Ninus Malan ("Malan"), a former client of Douglas Jaffe, counsel for Defendant/Cross-Defendant Wafa Katto ("Katto"), moved to disqualify Mr. Jaffe. The motion was granted. Malan now seeks to stay this matter pending the appeal filed by Katto as to the disqualification order. While Katto's appeal does not automatically stay this Court's order regarding disqualification, Malan may still seek a discretionary stay, which he does via this motion. (See URS Corp. v.

  • Hearing

    Dec 03, 2020

  • Type

    Real Property

  • Sub Type

    other

ANGEL GRIFFIN VS MAHONEY ENTERPRISES, LP, A CALIFORNIA CORPORATION, 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

    Dec 02, 2020

  • Type

    Real Property

  • Sub Type

    other

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

JUAN MANUEL REYNOSO VS HANNAH ROSE IRVING, ET AL.

Enterprise and Ean (collectively “Defendants”), represented by the same counsel, filed separate but nearly identical demurrers to Plaintiff’s FAC for insufficient facts. More specifically, Defendants argue that the first cause of action fails because 49 United States Code section 30106 bars the imputation of liability to a rental car company for a customer’s negligent acts and the second cause of action fails because Plaintiff alleges only conclusory facts. Plaintiff does not oppose.

  • Hearing

    Dec 02, 2020

STARS AND BARS, LLC VS. WESTPORT CAPITAL PARTNERS, LLC

While mere exposure to an adversary’s confidences is insufficient, standing alone, to warrant the attorney’s disqualification, the Court may, in an appropriate case, justify disqualification of the attorney where he or she “’inadvertently receives confidential materials and fails to conduct himself or herself in the manner specified above, assuming other factors compel disqualification.’ [Citation.]” Ibid.

  • Hearing

    Dec 01, 2020

TEMPLE OF THE ARTS VS LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY, ET AL.

Depending on the circumstances, a disqualification motion may involve such considerations as a client’s right to chosen counsel, an attorney’s interest in representing a client, the financial burden on a client to replace disqualified counsel, and the possibility that tactical abuse underlies the disqualification motion. [Citations.]” People ex rel. Dep’t of Corps. v. SpeeDee Oil Change Systems, Inc., 20 Cal. 4th 1135, 1144-45 (1999). II.

  • Hearing

    Dec 01, 2020

NATHAN MADANI VS O'GARA COACH COMPANY LLC, A LIMITED LIABILITY COMPANY, ET AL.

The Certified Preowned Checklist described the vehicle to be delivered as one not disqualified from participation in the Provenance Certified Preowned Program (“PCPOP”). (SAC, ¶ 32.) The contract included a provision stating the Vehicle is not disqualified from being part of the PCPOP based on the Carfax report. (SAC, ¶ 32 (citing to Exhibit 1, p. 4).) O’Gara breached the contract by failing to provide a vehicle that was not disqualified from being in the PCPOP by the Carfax report. (SAC, ¶ 33.)

  • Hearing

    Nov 30, 2020

  • Type

    Contract

  • Sub Type

    Breach

JANE DOE VS DAVID DANON

The hearing on the instant Motion to Disqualify Counsel is continued to the same date. Dated: ____________________________ Gregory Alarcon Superior Court Judge

  • Hearing

    Nov 30, 2020

  • Type

    Employment

  • Sub Type

    Discrimination/Harass

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

    Nov 25, 2020

  • 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

    Nov 24, 2020

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

    Nov 23, 2020

  • Type

    Contract

  • Sub Type

    Breach

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

    Nov 23, 2020

  • 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

    Nov 23, 2020

  • Type

    Real Property

  • Sub Type

    other

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

    Nov 23, 2020

  • 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

    Nov 20, 2020

  • Judge Donna Geck
  • County

    Santa Barbara County, CA

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