Motion Types Legal Issues

What is a Motion to Disqualify Counsel?

Most Useful Motion to Disqualify Counsel Examples

Recent Examples of Motion to Disqualify Counsel

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PHYLLIS LUNINE VS COSTCO WHOLESALE CORPORATION

phyllis lunine, Plaintiff, vs. costco wholesale corporation, Defendant. Case No.: BC713294 Hearing Date: February 20, 2020 [TENTATIVE] order RE: MOTION to disqualify counsel Background Plaintiff Phyllis Lunine (“Plaintiff’) filed this action after she tripped and fell at a store owned and operated by Defendant Costco Wholesale Corporation (“Defendant” or “Costco”). Now,...

...Plaintiff’s counsel because an employee of Defendant’s counsel’s firm now works at Plaintiff’s counsel’s firm. Plaintiff opposes the motion, which is denied. LEGAL STANDARD “A trial court’s authority to disqualify an attorney derives from the power inherent in every court to control in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judici...

  • Hearing

    Feb 20, 2020

MATTER OF CARRARI FAMILY TRUST

Nature of Proceedings: (1) Ex Parte Hearing re Lack of Portable Water (2) Motion to Disqualify Counsel (3) Motion to Vacate Orders (4) Motion to Quash Subpoena (5) Motion to Quash Subpoena (6) Amended Pet to Remove Angelina Dettamanti as Trustee # 18PR00334 Matter of Carrari Family Trust Est. February...

...Dettamanti’s motion to disqualify Andre, Morris & Buttery and Mullen & Henzell LLP, set aside January 15, 2019 order, vacate all pleadings after July2018, issue OSC re imposition of sanctions against counsel, and impose actual and punitive damages, legal fees, and court costs. (2) Dettamanti’s motion to vacate orders and dismiss (3) Motion by non-party Marcial Lopez to quash deposition subpoena for pers...

  • Hearing

    Feb 20, 2020

MATTER OF CARRARI FAMILY TRUST

Nature of Proceedings: (1) Ex Parte Hearing re Lack of Portable Water (2) Motion to Disqualify Counsel (3) Motion to Vacate Orders (4) Motion to Quash Subpoena (5) Motion to Quash Subpoena (6) Amended Pet to Remove Angelina Dettamanti as Trustee Contested matters; appearance required. Note: The most r...

  • Hearing

    Feb 20, 2020

MATTER OF CARRARI FAMILY TRUST

Nature of Proceedings: (1) Ex Parte Hearing re Lack of Portable Water (2) Motion to Disqualify Counsel (3) Motion to Vacate Orders (4) Motion to Quash Subpoena (5) Motion to Quash Subpoena (6) Amended Pet to Remove Angelina Dettamanti as Trustee

  • Hearing

    Feb 20, 2020

ROSA DELLARINA SALAS ET AL VS MELODY BAR LLC ET AL

[TENTATIVE] ORDER RE: MOTION TO DISQUALIFY; MOTION FOR TERMINATING SANCTIONS On April 5, 2018, plaintiffs Rosa Dellarina Salas and Margarita Caballero (collectively, “Plaintiffs”) filed this action against defendants Melody Bar, LLC, Christia...

...speaker placed above an entrance fell and struck Plaintiffs on the head. Plaintiffs bring a motion to disqualify defense counsel Nelson & Griffin LLP and a motion for terminating sanctions. Motion to Disqualify Plaintiffs contend that Nelson & Griffin LLP should be disqualified for communicating with a third party witness, Lanier Stewart, and “illegally soliciting representation” before Stewart’s deposition...

  • Hearing

    Feb 14, 2020

DO VS CAPITAL FITNESS GROUP LLC [E-FILED]

The motion to disqualify counsel, filed by defendants Jeff Clark, Fitness Investment Group, LLC ("FIG") and JC Operations Management, LLC ("JC Operations") (collectively, defendants), is granted. Plaintiffs' counsel Frederic G. Ludwi...

...Carmel Valley. As a result of the demurrer rulings, the only claim remaining against defendants is for declaratory relief. On July 17, 2019, plaintiffs' counsel, Frederick Ludwig, informed defendants' counsel that he had retained Lisa Hartman, a "whistleblower" who used to work for defendants. Ludwig said his firm had been "fully briefed on the questionable, if not outright illegal, financial transactions...

  • Hearing

    Feb 13, 2020

DO VS CAPITAL FITNESS GROUP LLC [E-FILED]

The motion to disqualify counsel, filed by defendants Jeff Clark, Fitness Investment Group, LLC ("FIG") and JC Operations Management, LLC ("JC Operations") (collectively, defendants), is granted. Plaintiffs' counsel Frederic G. Ludwi...

...Carmel Valley. As a result of the demurrer rulings, the only claim remaining against defendants is for declaratory relief. On July 17, 2019, plaintiffs' counsel, Frederick Ludwig, informed defendants' counsel that he had retained Lisa Hartman, a "whistleblower" who used to work for defendants. Ludwig said his firm had been "fully briefed on the questionable, if not outright illegal, financial transactions...

  • Hearing

    Feb 13, 2020

YONEO TAKEHARA, ET AL. VS OKA TRANSFER CO., INC.

...vs OKA TRANSFER CO., INC. Yoneo Takehara’s and Bernice Oshio’s Motion to Disqualify Counsel TENTATIVE RULING: The motion is denied. Petitioners move to disqualify the Law Office of James D. Uyeda as counsel for Ellen Suzuki, Andy Suzuki, the Estate of Joyce Suzuki and Laurie Teramoto and order Uyeda substitute out of the action within five days on the grounds that he represented Oka in negotiations for t...

...Bernice’s deceased husband, Kay Oshio. Uyeda did represent Oka Transfer Co., Inc. in 2008-2009, in negotiations over succession of the company. At that time, Yoneo and Kay were represented by their own counsel, Torii. In 2009, Uyeda withdrew as counsel for Oka and began representing Ellen Suzuki. It appears that after negotiations ended in late 2009, there was no further action until 2018. In 2009, Yoneo a...

  • Hearing

    Feb 11, 2020

ELLEN SUZUKI VS YONEO TAKEHARA, ET AL.

...TAKEHARA, et al. Defendants Yoneo Takehara’s and Bernice Oshio’s Motion to Disqualify Counsel TENTATIVE RULING: The motion is denied. Defendants move to disqualify the Law Office of James D. Uyeda as counsel for Ellen Suzuki, Andy Suzuki, the Estate of Joyce Suzuki and Laurie Teramoto and order Uyeda substitute out of the action within five days on the grounds that he represented Oka in negotiations for t...

...did represent Oka Transfer Co., Inc. in 2008-2009, in negotiations over succession of the company. At that time, Yoneo and Kay were represented by their own counsel, Torii. In 2009, Uyeda withdrew as counsel for Oka and began representing Ellen Suzuki. It appears that after negotiations ended in late 2009, there was no further action until 2018. In 2009, Yoneo and Kay did not object to Uyeda’s representat...

  • Hearing

    Feb 11, 2020

CAVALRY CHAPEL YORBA LINDA V. CALVARY BAPTIST CHURCH OF YORBA LINDA

Defendant Calvary Baptist Church of Yorba Linda’s motion to disqualify Plaintiff Calvary Chapel Yorba Linda’s attorney of record, Tyler & Bursch, LLP is denied. In general, there are two types of situations in which conflicts requiring the disqualification of counsel may...

...concurrent representation, the court must focus on the attorney’s duty of loyalty. (Sharp v. Next Entertainment, Inc. (2008) 163 Cal.App.4th 410, 428.) “A per se or automatic disqualification rule applies when counsel's representation of one client is adverse to the interests of another current client.” (Responsible Citizens v. Superior Court (1993) 16 Cal.App.4th 1717, 1724 [emphasis in original].) Here, there is ...

  • Hearing

    Feb 7, 2020

CAVALRY CHAPEL YORBA LINDA V. CALVARY BAPTIST CHURCH OF YORBA LINDA

Defendant Calvary Baptist Church of Yorba Linda’s motion to disqualify Plaintiff Calvary Chapel Yorba Linda’s attorney of record, Tyler & Bursch, LLP is denied. In general, there are two types of situations in which conflicts requiring the disqualification of counsel may...

...concurrent representation, the court must focus on the attorney’s duty of loyalty. (Sharp v. Next Entertainment, Inc. (2008) 163 Cal.App.4th 410, 428.) “A per se or automatic disqualification rule applies when counsel's representation of one client is adverse to the interests of another current client.” (Responsible Citizens v. Superior Court (1993) 16 Cal.App.4th 1717, 1724 [emphasis in original].) Here, there is ...

  • Hearing

    Feb 7, 2020

PATRICK SOON-SHIONG VS SORRENTO THERAPEUTICS, INC.

...opposition in 19STCV39620 on January 24, 2020 and Movants filed their “consolidated reply” in 19STCV11328 and 19STCV18304 on January 30, 2020. Department 1 is the appropriate department to hear Movant’s motions pursuant to LASC Local Rule 2.23(1) and the court may properly reconsider the order accepting the CCP § 170.6 challenge. (Geddes v. Superior Court (2005) 126 Cal.App.4th 417, 426; Stephens v. Superio...

...Superior Court (2002) 96 Cal.App.4th 54, 64–65.) As the motions, oppositions, and replies are identical in each case, the court will address them together and refer to the motions collectively as a single motion. Relevant Procedural History of 19STCV11328 On April 3, 2019, Sorrento Therapeutics filed a derivative complaint on behalf of Immunotherapy NANTibody LLC, against NantCell, Soon-Shiong, and Charles ...

  • Hearing

    Feb 6, 2020

IMMUNOTHERAPY NANTIBODY, LLC, ET AL. VS SORRENTO THERAPEUTICS, INC., ET AL.

...opposition in 19STCV39620 on January 24, 2020 and Movants filed their “consolidated reply” in 19STCV11328 and 19STCV18304 on January 30, 2020. Department 1 is the appropriate department to hear Movant’s motions pursuant to LASC Local Rule 2.23(1) and the court may properly reconsider the order accepting the CCP § 170.6 challenge. (Geddes v. Superior Court (2005) 126 Cal.App.4th 417, 426; Stephens v. Superio...

...Superior Court (2002) 96 Cal.App.4th 54, 64–65.) As the motions, oppositions, and replies are identical in each case, the court will address them together and refer to the motions collectively as a single motion. Relevant Procedural History of 19STCV11328 On April 3, 2019, Sorrento Therapeutics filed a derivative complaint on behalf of Immunotherapy NANTibody LLC, against NantCell, Soon-Shiong, and Charles ...

  • Hearing

    Feb 6, 2020

SORRENTO THERAPEUTICS, INC. VS PATRICK SOON-SHIONG, ET AL.

...opposition in 19STCV39620 on January 24, 2020 and Movants filed their “consolidated reply” in 19STCV11328 and 19STCV18304 on January 30, 2020. Department 1 is the appropriate department to hear Movant’s motions pursuant to LASC Local Rule 2.23(1) and the court may properly reconsider the order accepting the CCP § 170.6 challenge. (Geddes v. Superior Court (2005) 126 Cal.App.4th 417, 426; Stephens v. Superio...

...Superior Court (2002) 96 Cal.App.4th 54, 64–65.) As the motions, oppositions, and replies are identical in each case, the court will address them together and refer to the motions collectively as a single motion. Relevant Procedural History of 19STCV11328 On April 3, 2019, Sorrento Therapeutics filed a derivative complaint on behalf of Immunotherapy NANTibody LLC, against NantCell, Soon-Shiong, and Charles ...

  • Hearing

    Feb 6, 2020

KENNETH KAPLAN VS. BAKER EQUITY, LLC ET.AL.

Tentative Ruling Kenneth L. Kaplan, CPA, P.C. v. Baker Equity, LLC et al., Case No. SC129602 Hearing Date: February 4, 2020 Defendant/Cross-Complainant Joseph Youshaei’s Motion to Disqualify Counsel Defendant Joseph Youshei (“Joseph”) moves for a declaration that two attorney retainer documents are privileged, an order sealing the records previously filed quoting those retainers, and disqualifyi...

...privileged documents to support its opposition to the prior motion to disqualify counsel, heard by this court on December 18, 2019. At that hearing, the court found an actual conflict existed but declined to disqualify due to Joseph’s delay. A trial court is empowered to disqualify counsel through its inherent power to control the conduct of its ministerial officers, and of all other persons in any manner connected...

  • Hearing

    Feb 4, 2020

SINDY BUFORD VS. MATHESON TRUCKING INC

The motion of Defendants Matheson Trucking, Inc.; Matheson Flight Extenders, Inc.; Matheson Mail Transportation, Inc.; Matheson Postal Services, Inc.; and Shirley Curran (collectively "Defendants") to consolidat...

...Notably, the parties have already agreed to consolidate the bulk of depositions and this Court has previously consolidated discovery motions based on similar facts and law. However, Ms. Buford opposes the motion, identifying differences the two actions. Ms. Buford explains that she and Mr. Vorce identified different regulatory violations and reported to different supervisors, that their claims for defamation ...

  • Hearing

    Feb 4, 2020

AASIR AZZARMI VS WENDY CHAU, ET AL.

...Prohibiting Plaintiff from Filing Any New Litigation The court considered the moving and reply papers. There is no opposition although the court considered the opposition filed in 19TRCV00603. RULING The motion is GRANTED. The court orders that plaintiff furnish a security in the amount of $50,000 within ten days. BACKGROUND On July 18, 2019, plaintiff Aasir Azzarmi (self-represented) filed a complaint aga...

...under Labor Code 98.6 and 1101, (3) retaliation – FEHA, (4) retaliation – public policy, (5) harassment, (6) failure to prevent discrimination and harassment, (7) wrongful demotion – FEHA, (8) wrongful demotion – public policy, (9) wrongful termination – FEHA, (10) wrongful termination – public policy (Tameny), (11) wrongful termination – public policy (religious discrimination), (12) IIED, (13) invasion of ...

  • Hearing

    Feb 4, 2020

AASIR AZZARMI VS DELTA AIR LINES, INC, ET AL.

...Litigant, Requiring Plaintiff to Post Security, and for Pre-Filing Order Prohibiting Plaintiff from Filing Any New Litigation The court considered the moving, opposition, and reply papers. RULING The motion is GRANTED. The court orders that plaintiff furnish a security in the amount of $50,000 within ten days. BACKGROUND On July 18, 2019, plaintiff Aasir Azzarmi (self-represented) filed a complaint aga...

...under Labor Code 98.6 and 1101, (3) retaliation – FEHA, (4) retaliation – public policy, (5) harassment, (6) failure to prevent discrimination and harassment, (7) wrongful demotion – FEHA, (8) wrongful demotion – public policy, (9) wrongful termination – FEHA, (10) wrongful termination – public policy (Tameny), (11) wrongful termination – public policy (religious discrimination), (12) IIED, (13) invasion of ...

  • Hearing

    Feb 4, 2020

GRACE DESIGN ASSOCIATES, INC. V. MARK T. COFFIN, ET AL.

...contract dispute subsequently arose between GDA and the Monroes. (FAC, ¶ 16.) The Monroes hired Coffin to represent them in this dispute. (FAC, ¶ 17.) By letter dated June 20, 2016, Coffin wrote to GDA’s counsel, attorney Maria Plumtree, outlining multiple Home Improvement Contract requirement violations in GDA’s contract with the Monroes. (FAC, ¶ 18 & exhibit 4.) Coffin’s legal advice to GDA in 2010 was dire...

...¶ 19.) To protect its confidential information from possibly being used against it, GDA expended substantial resources effectuating Coffin’s removal, including writing a letter, drafting a motion to disqualify Coffin in anticipation of impending litigation, and drafting a complaint including Coffin as a defendant for breach of fiduciary duty. (FAC, ¶ 20 & exhibits 5-7.) On August 10, 2016, GDA filed a comp...

  • Hearing

    Feb 3, 2020

AMILIA PENG VS TONY DJIE

amilia peng, Plaintiff, v. TONY DJIE, et al. Defendants. Case No.: 19STCV24047 Hearing Date: January 31, 2020 [TENTATIVE] order RE: motion to disqualify attorney john woo BACKGROUND Plaintiff Amilia Peng (“Peng”) commenced this action against Defendant Tony Djie (“Djie”) on July 10, 2019. The operative pleading is the First Amended Complaint (“FAC”)...

...those six parcels have been sold. Djie has failed to split profits from these sales with Peng, reimburse Peng for costs incurred, and refused to provide an accounting. LEGAL STANDARD The authority to disqualify an attorney stems from the trial court’s inherent power “[t]o control in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judici...

  • Hearing

    Jan 31, 2020

(NO CASE NAME AVAILABLE)

...also improper for Plaintiff’s opposition to purport to “incorporate[] by this reference the entire contents of his previously filed Opposition to the Nasrin Demurrer, his Opposition to Nasrin’s Motion to Disqualify, and his Request for Judicial Notice all previously filed herein on January 10, 2020, as though fully set forth herein.” (Opposition to anti-SLAPP, p. 3:15-17.) This is improper. (See, e.g., CRC Rule ...

...generally. The absence of the analysis that draws this connection is dispositive, and therefore, Defendants do not show the derivative action is barred as a matter of law. SUBJECT: Motion to Disqualify Counsel Moving Party: Defendant Nasrin Nino (as an individual; as General Partner of Antone Nino and Nasrin Shakeri Nino, a California general partnership; and as Nasrin Nino, Trustee of the Antone Elias Nin...

  • Hearing

    Jan 24, 2020

ANTONE NINO AND NASRIN SHAKERI NINO, A PARTNERSHIP VS NASRIN SHAKERI NINO, INDIVIDUALLY, AND AS GENERAL PARTNER, ETC., ET AL.

...also improper for Plaintiff’s opposition to purport to “incorporate[] by this reference the entire contents of his previously filed Opposition to the Nasrin Demurrer, his Opposition to Nasrin’s Motion to Disqualify, and his Request for Judicial Notice all previously filed herein on January 10, 2020, as though fully set forth herein.” (Opposition to anti-SLAPP, p. 3:15-17.) This is improper. (See, e.g., CRC Rule ...

...generally. The absence of the analysis that draws this connection is dispositive, and therefore, Defendants do not show the derivative action is barred as a matter of law. SUBJECT: Motion to Disqualify Counsel Moving Party: Defendant Nasrin Nino (as an individual; as General Partner of Antone Nino and Nasrin Shakeri Nino, a California general partnership; and as Nasrin Nino, Trustee of the Antone Elias Nin...

  • Hearing

    Jan 24, 2020

SLPR LLC VS SAN DIEGO UNIFIED PORT DISTRICT

TENTATIVE RULING: Plaintiffs' Motion to Disqualify Port's Counsel Daley & Heft LLP is DENIED. Plaintiffs seek to disqualify Defendant San Diego Unified Port District's ("Port") counsel based on its hiring of a former paralegal for one of Plaintiffs' counsel's law firm, Kristine Merel. Absent written consent, the proper rule and its application for disqualification based on nonlawyer...

...disqualification of counsel is within the sound discretion of the trial court, to be made on a case-by-case basis. (Id. at 601.) A motion to disqualify "involves a conflict between the clients' right to counsel of their choice and the need to maintain ethical standards of professional responsibility. The paramount concern, though, must be the preservation of public trust in the scrupulous administration of j...

  • Hearing

    Jan 23, 2020

SLPR LLC VS SAN DIEGO UNIFIED PORT DISTRICT

TENTATIVE RULING: Plaintiffs' Motion to Disqualify Port's Counsel Daley & Heft LLP is DENIED. Plaintiffs seek to disqualify Defendant San Diego Unified Port District's ("Port") counsel based on its hiring of a former paralegal for one of Plaintiffs' counsel's law firm, Kristine Merel. Absent written consent, the proper rule and its application for disqualification based on nonlawyer...

...disqualification of counsel is within the sound discretion of the trial court, to be made on a case-by-case basis. (Id. at 601.) A motion to disqualify "involves a conflict between the clients' right to counsel of their choice and the need to maintain ethical standards of professional responsibility. The paramount concern, though, must be the preservation of public trust in the scrupulous administration of j...

  • Hearing

    Jan 23, 2020

SLPR LLC VS SAN DIEGO UNIFIED PORT DISTRICT

TENTATIVE RULING: Plaintiffs' Motion to Disqualify Port's Counsel Daley & Heft LLP is DENIED. Plaintiffs seek to disqualify Defendant San Diego Unified Port District's ("Port") counsel based on its hiring of a former paralegal for one of Plaintiffs' counsel's law firm, Kristine Merel. Absent written consent, the proper rule and its application for disqualification based on nonlawyer...

...disqualification of counsel is within the sound discretion of the trial court, to be made on a case-by-case basis. (Id. at 601.) A motion to disqualify "involves a conflict between the clients' right to counsel of their choice and the need to maintain ethical standards of professional responsibility. The paramount concern, though, must be the preservation of public trust in the scrupulous administration of j...

  • Hearing

    Jan 23, 2020

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