On June 30, 2010 a
Motion,Ex Parte
was filed
involving a dispute between
Arata, Thomas,
Leake, Joseph,
Owyang, Rich,
Pecot, Johna,
Taylor, Oscar,
Tilton, Stephen,
and
Does 1-100,
Does 1 To 100,
Mcdaniels, Shedrick,
San Francisco Deputy Sheriff'S Association,
San Francisco Deputy Sheriff'S Association, A,
San Francisco Deputy Sheriff'S Foundation,
Savage, Brian,
Wong, David,
Zehner, Michael,
for civil
in the District Court of San Francisco County.
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NAAT
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Jun-13-2013 10:57 am
Case Number: CGC-10-501168
Filing Date: Jun-13-2013 10:56
Filed by: CYNTHIA HERBERT
Juke Box: 001 Image: 04090662
ORDER
JOHNA PECOT et al VS. SAN FRANCISCO DEPUTY SHERIFF'S ASSOCIATION,
Aetal
001004090662
Instructions:
Please place this sheet on top of the document to be scanned.“
27
28
Lawrence D. Murray (SBN 77536) wae
MURRAY & ASSOCIATES .
1781 Union Street Bo hey SUB prion Court
San Francisco, CA 94123 .
Tel: (415) 673-0555 JUN 13 204
Fax: (415) 928-4084 oo
Attorney for Defendants: DAVID WONG, A 7 ELOY,
MICHAEL ZEHNER, BRIAN SAVAGE
and SHEDRICK McDANIELS /
/
SUPERIOR COURT OF CAVIFORNIA
COUNTY OF SAN FRANCISCO
en! lerk
JOHNA PECOT, THOMAS ARATA, RICH Case No. CGC — 10 -501168
OWYANG, STEPHEN TILTON, JOSEPH
LEAKE, and OSCAR TAYLOR, Individually
and on behalf of all other similarly situated, Order On San Francisco Deputy Sheriff’s
Association Motion to Disqualify Counsel for
Plaintiffs, Defendants Wong, Zehner, Savage and
v. McDaniels (Lawrence D. Murray and Murray
& Associates)
SAN FRANCISCO DEPUTY SHERIFF’S
ASSOCIATION, a California Nonprofit
Corporation, SAN FRANCISCO DEPUTY Date: June 13, 2013
SHERIFF’S FOUNDATION, a California Time: 9:30 a.m.
Nonprofit Corporation, DAVID WONG, an Dept: 302
individual, MICHAEL ZEHNER, an individual,
BRIAN SAVAGE, an individual, SHEDRICK
McDANIELS, an individual, and DOES 1-100,
Defendants.
The above entitled matter came on regularly for hearing on June 13. 2013, in Department 302 before the
Honorable Marla J. Miller, with Lara C. Smith, Attorney at Law, appearing for Defendant and moving
party the San Francisco Deputy Sheriffs Association, (SFDSA) and Lawrence D. Murray appearing for
the individual Defendants David Wong, Michael Zehner, Brian Savage, and Shedrick McDaniels on the
SFDSA’s motion to disqualify counsel for Wong, Zehner, Savage, and McDaniels, specifically
Lawrence D. Murray and Murray & Associates. The matter having been argued and submitted, the court
tules as follows:
Pecot, et al. vs. SFDSA, et al.; San Francisco Superior Court No: CGC — 10 — 501168 Page 1
Order On Motion To Disqualify Counsel for Wong, Zehner, Savage & McDaniels27
28
The motion of Defendant San Francisco Deputy Sheriffs' Association's Motion To Disqualify
Counts ested im Plaunt9pA)
1. SFDSA has not met is burden to disqualify Mr. Murray as counsel. See State Farm Mut.
Auto. Ins. Co. v. Federal Ins. Co. (1999) 72 Cal.App.4th 1422, 1431. In all four actions
("Pecot I," "Pecot II," the Federal Lanham Act action, and the "conversion" action), SFDSA
was represented by separate counsel other than Mr. Murray. Mr. Murray's communications
and invoices are consistent with his representation of the individual defendants and his belief
under the disputed fee agreement that SFDSA paid for his services.
2. Further, SFDSA has not demonstrated a substantial relationship between the subjects of the
current representation of the individual defendants and Mr. Murray's alleged former
representation of a sheriff in an administrative appeal and in a corporate matter.
3. Further, SFDSA has not demonstrated that Mr. Murray had access to confidential information|
such that it is a basis to disqualify him as counsel in this case.
4. SFDSA has not shown that Mr. Bosworth's representation of the Foundation is a basis to
a walify h Mr. Murray in this action. poly Cursed 1H fe a
Te tent ae how vi os ae abe ual, [
sy /
Date: June 13, bls
Wants
Marla J. Miller
Judge of the Superior Court
Approved As Conforming To
The Order Of The Court:
Lara C. Smith
Attorney for the San Francisco Deputy
Sheriff's Association
Pecot, et al. vs. SFDSA, et al.; San Francisco Superior Court No: CGC — 10 — 501168 Page 2
Order On Motion To Disqualify Counsel for Wong, Zehner, Savage & McDaniels
Preview
NAAT SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Jun-13-2013 10:57 am Case Number: CGC-10-501168 Filing Date: Jun-13-2013 10:56 Filed by: CYNTHIA HERBERT Juke Box: 001 Image: 04090662 ORDER JOHNA PECOT et al VS. SAN FRANCISCO DEPUTY SHERIFF'S ASSOCIATION, Aetal 001004090662 Instructions: Please place this sheet on top of the document to be scanned.“ 27 28 Lawrence D. Murray (SBN 77536) wae MURRAY & ASSOCIATES . 1781 Union Street Bo hey SUB prion Court San Francisco, CA 94123 . Tel: (415) 673-0555 JUN 13 204 Fax: (415) 928-4084 oo Attorney for Defendants: DAVID WONG, A 7 ELOY, MICHAEL ZEHNER, BRIAN SAVAGE and SHEDRICK McDANIELS / / SUPERIOR COURT OF CAVIFORNIA COUNTY OF SAN FRANCISCO en! lerk JOHNA PECOT, THOMAS ARATA, RICH Case No. CGC — 10 -501168 OWYANG, STEPHEN TILTON, JOSEPH LEAKE, and OSCAR TAYLOR, Individually and on behalf of all other similarly situated, Order On San Francisco Deputy Sheriff’s Association Motion to Disqualify Counsel for Plaintiffs, Defendants Wong, Zehner, Savage and v. McDaniels (Lawrence D. Murray and Murray & Associates) SAN FRANCISCO DEPUTY SHERIFF’S ASSOCIATION, a California Nonprofit Corporation, SAN FRANCISCO DEPUTY Date: June 13, 2013 SHERIFF’S FOUNDATION, a California Time: 9:30 a.m. Nonprofit Corporation, DAVID WONG, an Dept: 302 individual, MICHAEL ZEHNER, an individual, BRIAN SAVAGE, an individual, SHEDRICK McDANIELS, an individual, and DOES 1-100, Defendants. The above entitled matter came on regularly for hearing on June 13. 2013, in Department 302 before the Honorable Marla J. Miller, with Lara C. Smith, Attorney at Law, appearing for Defendant and moving party the San Francisco Deputy Sheriffs Association, (SFDSA) and Lawrence D. Murray appearing for the individual Defendants David Wong, Michael Zehner, Brian Savage, and Shedrick McDaniels on the SFDSA’s motion to disqualify counsel for Wong, Zehner, Savage, and McDaniels, specifically Lawrence D. Murray and Murray & Associates. The matter having been argued and submitted, the court tules as follows: Pecot, et al. vs. SFDSA, et al.; San Francisco Superior Court No: CGC — 10 — 501168 Page 1 Order On Motion To Disqualify Counsel for Wong, Zehner, Savage & McDaniels27 28 The motion of Defendant San Francisco Deputy Sheriffs' Association's Motion To Disqualify Counts ested im Plaunt9pA) 1. SFDSA has not met is burden to disqualify Mr. Murray as counsel. See State Farm Mut. Auto. Ins. Co. v. Federal Ins. Co. (1999) 72 Cal.App.4th 1422, 1431. In all four actions ("Pecot I," "Pecot II," the Federal Lanham Act action, and the "conversion" action), SFDSA was represented by separate counsel other than Mr. Murray. Mr. Murray's communications and invoices are consistent with his representation of the individual defendants and his belief under the disputed fee agreement that SFDSA paid for his services. 2. Further, SFDSA has not demonstrated a substantial relationship between the subjects of the current representation of the individual defendants and Mr. Murray's alleged former representation of a sheriff in an administrative appeal and in a corporate matter. 3. Further, SFDSA has not demonstrated that Mr. Murray had access to confidential information| such that it is a basis to disqualify him as counsel in this case. 4. SFDSA has not shown that Mr. Bosworth's representation of the Foundation is a basis to a walify h Mr. Murray in this action. poly Cursed 1H fe a Te tent ae how vi os ae abe ual, [ sy / Date: June 13, bls Wants Marla J. Miller Judge of the Superior Court Approved As Conforming To The Order Of The Court: Lara C. Smith Attorney for the San Francisco Deputy Sheriff's Association Pecot, et al. vs. SFDSA, et al.; San Francisco Superior Court No: CGC — 10 — 501168 Page 2 Order On Motion To Disqualify Counsel for Wong, Zehner, Savage & McDaniels