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1 WANGER JONES HELSLEY PC
265 East River Park Circle, Suite 310
2 Fresno, California 93720 E-FILED
Telephone: (559) 233-4800 1/16/2018 11:29 AM
3 Facsimile: (559) 233-9330
FRESNO COUNTY SUPERIOR COURT
4 Timothy Jones #119841 By: I. Herrera, Deputy
Marisa L. Balch #258332
5
6
Attorneys for: Defendant and Cross-Complainant GUARANTEE REAL ESTATE, a California
7 corporation
8
9 SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO
10 CIVIL DIVISION
11 MICHAEL RAY BRIDGE; Case No. 17 CE CG 03536
SHERYL D. BRIDGE,
12 NOTICE OF MOTION AND
Plaintiff, MOTION TO DISQUALIFY
13 COUNSEL
v.
14
KEN HIGGINBOTHAM, an individual; [Cal. Code Civ. Proc. § 128(a)(S)]
15 KATHY HIGGINBOTHAM, an individual;
GUARANTEE REAL ESTATE, a California Hearing
16 corporation; and DOES 1 through 15,
inclusive, Date: February 22, 2018
17 Time: 3:30 p.m.
Defendants. Dept: 501
18
GUARANTEE REAL ESTATE, a California
19 Corporation,
20
Cross-Complainant,
21
v.
22
KEN HIGGINBOTHAM, an individual; and
23 ROES 1-10, inclusive,
24
Cross-Defendants.
25
26 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD HEREIN:
27 PLEASE TAKE NOTICE that on February 22, 2018, at 3:30 p.m. in
28 Department 501 of the Fresno County Superior Court, located at 1130 "O" St., Fresno,
{7675/015/00796798.DOC}
NOTICE OF MOTION AND MOTION TO DISQUALIFY COUNSEL
1 California, 93 721, Defendant and Cross-Complainant Guarantee Real Estate ("Guarantee")
2 will and hereby does move this Court, pursuant to Code of Civil Procedure section 128,
3 subdivision (a)(5), for an Order disqualifying Brian Cuttone and Cuttone & Associates from
4 continuing to represent Ken Higginbotham and Kathy Higginbotham ("Cross-Defendants,"
5 collectively) in this action.
6 Mr. Cuttone previously served as outside litigation counsel and the attorney of
7 record for Guarantee from 2009 to 2016, as well as broker of record for Guarantee from 2007-
8 2009 and, due to the "substantial relationship" between that representation and his current
9 representation of Cross-Defendants, should be disqualified.
10 This Motion is based on this Notice of Motion and Motion, the Memorandum of
11 Points and Authorities, Declarations of J. Scott Leonard, Andy Nazaroff, Timothy Jones, and
12 Melissa White, and Request for Judicial Notice, all filed and served concurrently herewith, the
13 Reply (if any), and the files and records maintained by the Court in this action.
14
Dated: January 16, 2018 WANGER JONES HELSLEY PC
15
16 IL ~ ·u . .
17
By: -+Jl_,_,'4)..-w~/:,l!J~fl~-~)u'-""-"·
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1 WANGER JONES HELSLEY PC 265 East River Park Circle, Suite 310 2 Fresno, California 93720 E-FILED Telephone: (559) 233-4800 1/16/2018 11:29 AM 3 Facsimile: (559) 233-9330 FRESNO COUNTY SUPERIOR COURT 4 Timothy Jones #119841 By: I. Herrera, Deputy Marisa L. Balch #258332 5 6 Attorneys for: Defendant and Cross-Complainant GUARANTEE REAL ESTATE, a California 7 corporation 8 9 SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO 10 CIVIL DIVISION 11 MICHAEL RAY BRIDGE; Case No. 17 CE CG 03536 SHERYL D. BRIDGE, 12 NOTICE OF MOTION AND Plaintiff, MOTION TO DISQUALIFY 13 COUNSEL v. 14 KEN HIGGINBOTHAM, an individual; [Cal. Code Civ. Proc. § 128(a)(S)] 15 KATHY HIGGINBOTHAM, an individual; GUARANTEE REAL ESTATE, a California Hearing 16 corporation; and DOES 1 through 15, inclusive, Date: February 22, 2018 17 Time: 3:30 p.m. Defendants. Dept: 501 18 GUARANTEE REAL ESTATE, a California 19 Corporation, 20 Cross-Complainant, 21 v. 22 KEN HIGGINBOTHAM, an individual; and 23 ROES 1-10, inclusive, 24 Cross-Defendants. 25 26 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD HEREIN: 27 PLEASE TAKE NOTICE that on February 22, 2018, at 3:30 p.m. in 28 Department 501 of the Fresno County Superior Court, located at 1130 "O" St., Fresno, {7675/015/00796798.DOC} NOTICE OF MOTION AND MOTION TO DISQUALIFY COUNSEL 1 California, 93 721, Defendant and Cross-Complainant Guarantee Real Estate ("Guarantee") 2 will and hereby does move this Court, pursuant to Code of Civil Procedure section 128, 3 subdivision (a)(5), for an Order disqualifying Brian Cuttone and Cuttone & Associates from 4 continuing to represent Ken Higginbotham and Kathy Higginbotham ("Cross-Defendants," 5 collectively) in this action. 6 Mr. Cuttone previously served as outside litigation counsel and the attorney of 7 record for Guarantee from 2009 to 2016, as well as broker of record for Guarantee from 2007- 8 2009 and, due to the "substantial relationship" between that representation and his current 9 representation of Cross-Defendants, should be disqualified. 10 This Motion is based on this Notice of Motion and Motion, the Memorandum of 11 Points and Authorities, Declarations of J. Scott Leonard, Andy Nazaroff, Timothy Jones, and 12 Melissa White, and Request for Judicial Notice, all filed and served concurrently herewith, the 13 Reply (if any), and the files and records maintained by the Court in this action. 14 Dated: January 16, 2018 WANGER JONES HELSLEY PC 15 16 IL ~ ·u . . 17 By: -+Jl_,_,'4)..-w~/:,l!J~fl~-~)u'-""-"·