Motion-Secondary: Ching Lee, et al vs. Adam Taylor Kerrel, et al

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                                1   TERESA LI (SBN 278779)
     LAW OFFICES OF TERESA LI, PC
 2   Mailing Address:
     548 Market St.
 3   PMB 24496
     San Francisco, California 94104-5401
 4   Physical Address:
     2542 S. Bascom Avenue, Ste. 250
 5   Campbell, CA 95008
     Telephone:     (415) 423-3377
 6   Facsimile:     (888) 646-5493
     Email: teresa@lawofficesofteresali.com                                               4/15/2024
 7
     Attorneys for Plaintiffs
 8    FRANKCO LEE AND CHING LEE
 9
                                                               SUPERIOR COURT - STATE OF CALIFORNIA
10
                                                     COUNTY OF SAN MATEO - UNLIMITED JURISDICTION
11

12      FRANKCO LEE and CHING LEE,           )                                      Case No. 22-CIV-05292
                                             )
13                      Plaintiffs,          )                                      [PROPOSED] ORDER GRANTING
                                             )                                      PLAINTIFFS’ MOTION TO
14              v.                           )
                                             )                                      DISQUALIFY DEFENSE LAW FIRM
15      MILWAUKEE ELECTRIC TOOL              )                                      ASSIGNED TO FOR ALL PURPOSES: THE
        CORPORATION and ADAM TAYLOR          )                                      HON. RAYMOND V. SWOPE
16      KERREL aka ADAM KERZEL, and DOES )
        1 – 15,                              )                                      Complaint Filed:    12/16/2022
17                                           )                                      Hearing: 10/07/2024
                        Defendants.          )
18      _____________________________________)
19                        The matter came on hearing on ______________, 2024. Plaintiffs’ Motion to Disqualify

20   is GRANTED. It is hereby ORDERED that Gordon Reese Scully Mansukhani is disqualified

21   from the case immediately. All unredacted medical and billing records of Plaintiff Frankco Lee

22   are subject to patient-physician privilege and privacy protection and must be destroyed

23   immediately.

24      Dated: _____________, 2024
25

26                                                                            By ____________________________________
                                                                                   The Honorable RAYMOND V. SWOPE
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     2024-04-13 - Motion to Disqualify - Proposed Order.docx
                                                                                1

                                              [PROPOSED] ORDER GRANTING PLAINTIFFS’ MOTION TO DISQUALIFY
     Lee v. Milwaukee Electric Tool Corporation
     San Mateo County Superior Court Case No. 22-CIV-05292
     Our File No. 00167-Lee

 1                                          AFFIDAVIT OF SERVICE
 2
                STATE OF CALIFORNIA, CITY OF CAMPBELL, COUNTY OF SANTA CLARA
 3
                  I, Teresa Li, declare:
 4
             I am a citizen of the United States, over 18 years of age and not a party to the within
 5   action. I am employed in the City of Campbell, County of Santa Clara; my business address is
     2542 S. Bascom Avenue, Suite 250, Campbell, CA 95008.
 6
                  On April 15, 2024, I served the attached and/or enclosed:
 7
     NOTICE OF PLAINTIFFS’ MOTION TO DISQUALIFY DEFENSE LAW FIRM
 8
     MEMORANDUM OF POINTS AND AUTHORITY IN SUPPORT OF PLAINTIFFS’
 9
     MOTION TO DISQUALIFY
10
     DECLARATION OF TERESA LI IN SUPPORT OF PLAINTIFFS’ MOTION TO
11   DISQUALIFY (UNREDACTED VERSION)
12   DECLARATION OF TERESA LI IN SUPPORT OF PLAINTIFFS’ MOTION TO
13   DISQUALIFY (REDACTED VERSION)

14   [PROPOSED] ORDER GRANTING MOTION TO DISQULIFY DEFENSE LAW FIRM

15   on all parties in this action, at the following address(es):

16                                      Brett T. Moroney (SBN 199795)
                                     Melissa M. Fairbrother (SBN 149787)
17                                   Gordon Rees Scully Mansukhani, LLP
                                         275 Battery Street, Suite 2000
18                                          San Francisco, CA 9411
                                         Email: bmoroney@grsm.com
19                                             jpadilla@grsm.com
                                            mfairbrother@grsm.com
20                                          Attorney for Defendants
                Milwaukee Electric Tool Corporation and Adam Taylor Kerrel, aka Adam Kerzel
21
22          Service was accomplished by causing either an original or a true copy of the above-
     referenced document(s) to be distributed as follows:
23
             BY MAIL: I caused such document(s) to be placed in a sealed envelope, addressed as
24   indicated above, with prepaid first-class postage thereon, and then placed the envelope(s) for
     collection and mailing, in accordance with the firm’s ordinary business practice. I am readily
25   familiar with the firm's ordinary business practice for collection and processing of
     correspondence for mailing with the United States Postal Service. Under that practice
26   correspondence for mailing is deposited with United States Postal Service on the date indicated
     for service, with prepaid first-class postage thereon.
27
            BY EMAIL: I caused such documents to be transmitted via email to the parties indicated
28   above, at their respective email addresses.
     POS.docx                                              1
                                                    Proof of Service
     Lee v. Milwaukee Electric Tool Corporation
     San Mateo County Superior Court Case No. 22-CIV-05292
     Our File No. 00167-Lee

 1           BY HAND DELIVERY: I caused such documents to be hand delivered to the addresses
     indicated above.
 2
             VIA FACSIMILE: I caused such documents to be transmitted via facsimile to the parties
 3   indicated above, at their respective facsimile numbers.
 4           VIA EXPRESS CARRIER: I caused such documents to be collected by an agent for the
     United States Postal Service, United Parcel Service, Federal Express or other overnight carrier,
 5   to be delivered by way of overnight mail to the addresses indicated above.
 6          BY E-SERVICE: I caused such documents to be transmitted via email through the One
     Legal website as part of the e-filing process, to the parties indicated above, at their respective
 7   email addresses.
 8          I declare under penalty of perjury under the laws of the State of California, that the
     foregoing is true and correct.
 9
                Executed on April 15, 2024, at Campbell, California.
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                                                     _______________________________
12                                                         Teresa Li
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     POS.docx                                           2
                                                 Proof of Service