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1 TERESA LI (SBN 278779)
LAW OFFICES OF TERESA LI, PC 4/15/2024
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
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Attorneys for Plaintiffs
8 FRANKCO LEE AND CHING LEE
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SUPERIOR COURT - STATE OF CALIFORNIA
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COUNTY OF SAN MATEO - UNLIMITED JURISDICTION
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13 FRANKCO LEE and CHING LEE, ) Case No. 22-CIV-05292
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14 Plaintiffs, ) NOTICE OF PLAINTIFFS’ MOTION TO
) DISQUALIFY DEFENSE LAW FIRM
15 v. )
) ASSIGNED TO FOR ALL PURPOSES: THE
16 MILWAUKEE ELECTRIC TOOL ) HON. RAYMOND V. SWOPE
CORPORATION and ADAM TAYLOR )
17 KERREL aka ADAM KERZEL, and DOES ) Complaint Filed: 12/16/2022
1 – 15, ) Hearing: 9/16/2024
18 ) 10/07/2024
Defendants. )
19 _____________________________________)
20 TO ALL PARTIES AND TO THEIR RESPECTED ATTORNEY OF RECORD:
21 You are hereby notified that on September 16, 2024 at 2:00 p.m. in Department 23,
22 Plaintiffs FRANKCO LEE and CHING LEE will move for a Motion to Disqualify Law Firm
23 Gordon Reese Scully Mansukhani from the case on the basis that the defense lawyers have
24 violated their legal and ethical duty under State Compensation Ins. Fund v. WPS, Inc. (“State
25 Fund”) (1999) 70 Cal.App.4th 644, and California Rules of Professional Conduct Rule 4.4, and
26 their own stipulation filed on October 25, 2023 in this case by reviewing and analyzing
27 privileged and confidential medical records of Lee from their subpoenaing company Ontellus
28 and used these confidential and privileged records against Lee in Lee’s deposition. Pursuant to
2024-04-13 - Motion to Disqualify - NOTICE.docx
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NOTICE OF PLAINTIFFS’ MOTION TO DISQUALIFY DEFENSE LAW FIRM
1 the holding of McDermott Will & Emery LLP v. Sup. Ct. (2017) 10 Cal.App.5th 1083, 1121, by
2 using Lee’s privileged and confidential records against Lee at Lee’s deposition “raises the
3 likelihood that this could affect the outcome of the proceedings both in terms of [Lee’s] rights
4 against use of his privileged [information] against him and in terms of the integrity of these
5 judicial proceedings and public confidence in them.”
6 In addition, because defendants have refused to reveal what other privileged and
7 confidential records that their law firm has received from their agent Ontellus, the Court should,
8 in abundance of caution, order all unredacted medical and billing records be destroyed and not
9 used in this case. (Britt v. Superior Court (1978) 20 Cal.3d 844, 864 [in a personal injury case
10 “the automatic waiver of privilege contemplated by (the patient-physician exception) must be
11 construed not as a complete waiver of the privilege but only as a limited waiver” and plaintiffs
12 “are entitled to retain the confidentiality of all unrelated medical . . . treatment . . . in the past.”],
13 italics added.)
14 The motion is supported by plaintiffs counsel’s declaration, the memorandum of points
15 and authorities contained herein, reply brief that may be filed with the Court; and on all of the
16 papers and records on file in this case, and on such oral and documentary evidence as may be
17 presented at the time of hearing on this matter.
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20 Dated: April 14, 2024 LAW OFFICES OF TERESA LI, PC
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22 By ____________________________________
TERESA LI
23 Attorneys for Plaintiffs
FRANKCO LEE AND CHING LEE
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2024-04-13 - Motion to Disqualify - NOTICE.docx
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NOTICE OF PLAINTIFFS’ MOTION TO DISQUALIFY DEFENSE LAW FIRM
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
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STATE OF CALIFORNIA, CITY OF CAMPBELL, COUNTY OF SANTA CLARA
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I, Teresa Li, declare:
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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.
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On April 15, 2024, I served the attached and/or enclosed:
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NOTICE OF PLAINTIFFS’ MOTION TO DISQUALIFY DEFENSE LAW FIRM
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MEMORANDUM OF POINTS AND AUTHORITY IN SUPPORT OF PLAINTIFFS’
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MOTION TO DISQUALIFY
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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
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22 Service was accomplished by causing either an original or a true copy of the above-
referenced document(s) to be distributed as follows:
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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.
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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.
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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.
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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