Motion,Ex Parte: NICK NICHOLS VS CITY OF BURBANK ET AL

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                                Electronically FILED by Superior Court of California, County of Los Angeles on 12/30/2020 09:55 AM Sherri R. Carter, Executive Officer/Clerk of Court, by V. Dunn,Deputy Clerk




          1      COREY W. GLAVE (State Bar No. 164746)
                 Attorney at Law
          2      632 S. Gertruda Ave
                 Redondo Beach, CA 90277
          3      Phone: (323) 547-0472
                 E-mail: POAattorney@aol.com
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                 Attorneys for Plaintiff
          5      Nick Nichols

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                                            SUPERIOR COURT OF THE STATE OF CALIFORNIA
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                               FOR THE COUNTY OF LOS ANGELES-NORTH CENTRAL DISTRICT
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          9      NICK NICHOLS,                            )                                      Case No. EC064617
                          Plaintiff/Petitioner,           )                                      Assigned for all purposes to
        10       vs.                                      )                                      Hon. Judge Ralph C. Hofer
                                                          )
        11       CITY OF BURBANK, a municipal entity; )                                          NOTICE OF MOTION AND MOTION
                 BURBANK POLICE DEPARTMENT, a )                                                  TO DISQUALIFY DEFENSE COUNSEL
        12       public entity; MARK SCOTT, in his        )                                      ALFONSO ESTRADA AND THE LAW
                 official and individual capacity; SCOTT )                                       FIRM OF ATKINSON, ANDELSON ET
        13       LACHASSE, in his individual and official )                                      AL; DECLARATION OF TOMAS
                 capacity; and DOES 1 through 20,         )                                      PEREZ; DECLARATION OF RICHARD
        14       inclusive,                               )                                      SHINEE
                               Defendants.                )
        15                                                )
                                                          )                                      Date:                  January 22, 2021
        16                                                )                                      Time                   8:30 a.m.
                                                          )                                      Dept.                  NCG-D.
        17       ________________________________ )                                              RES ID:                349939233317

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                            TO THE COURT, DEFENDANTS AND THEIR ATTORNEYS OF RECORD:
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                 PLEASE TAKE NOTICE that on January 22, 2021, at 8:30 a.m., or as soon thereafter
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                 as the matter may be heard in Department D of the above entitled Court, located at 600
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                 E Broadway, Glendale, CA 91206, Plaintiff Nick Nichols will and hereby does move for
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                 an order disqualifying attorney Alfonso Estrada and the law firm of Atkinson, Andelson,
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                 Loya, Ruud & Romo from representing the Defendants in this action..
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                            This Motion is made on the grounds that Attorney Alfonso Estrada is “switching
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                 sides” in this conflict as he was the labor defense attorney for Plaintiff Nichols’ police
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                 partner Tomas Perez in the Porto I and II disciplinary appeal. Because an attorney has
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                 a duty of undivided loyalty to his client and because an attorney’s dual representation of
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                                                         Motion to Disqualify Counsel