Preview
Case Number: 20-CIV-00446
SUPERIOR COURT OF SAN MATEO COUNTY
400 County Center 1050 Mission Road
Redwood City, CA 94063 South San Francisco, CA 94080
www.sanmateocourt.org
Minute Order
David Weiner vs. Nordstrom, Inc., et al 20-CIV-00446
08/12/2020 1:30 PM
Motion to Disqualify Counsel
Hearing Result: Held
Judicial Officer: DuBois, Richard H. Location: Courtroom 7A
Courtroom Clerk: Kenneth Mitchell Courtroom Reporter:
Parties Present
Exhibits
Minutes
Journals
- No appearance by any parties herein or their counsel of record.
Tentative ruling adopted.
PLAINTIFF WEINER'S MOTION TO DISQUALIFY COUNSEL FOR DEFENDANT NORDSTROM, INC.
TENTATIVE RULING:
Plaintiff WEINER s motion to disqualify counsel for Defendant NORDSTROM, INC. is DENIED.
Plaintiff lacks standing. Generally only a client or former client has standing to disqualify an attorney
representing an adversary. (Kennedy v. Eldridge (2011) 201 Cal.App.4th 1197, 1204.) However, a
nonclient "might" have standing "where the ethical breach is manifest and glaring and so infects the
litigation in which disqualification is sought that it impacts the moving party's interest in a just and lawful
determination of [his or] her claims." (Id.) The circumstances that justified permitting a nonclient to
disqualify opposing counsel do not exist in the present case.
Unlike the moving party in Kennedy, Plaintiff WEINER does not show that Defendant NORDSTROM's
counsel "may have acquired confidential facts" about Plaintiff (Kennedy at 1205, 1207-08) or that
"family entanglements, potential misuse of confidential information, or a conflict posed by the near-
certain prospect that counsel will have to testify" exists. (Id. at 1200.) The present case also does not fit
the fact patterns of cases to which Plaintiff refers in his Reply. (See Reply at 7:20-22 (citing summary of
cases in Kennedy).)
Further, the Court does not find that any of the statements by Defense Counsel in the Declaration of
attorney Conforti in Support of Demurrer and Motion to Strike, filed April 22, 2020, or in the emails
attached to the declaration, or in telephone calls with Plaintiff, constitute breaches of ethical or
professional responsibility such that they warrant disqualification.
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Case Number: 20-CIV-00446
If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to CRC Rule
3.1308(a)(1), adopted by Local Rule 3.10. If the tentative ruling is uncontested, Defendant is directed to
prepare, circulate, and submit a written order reflecting this Court s ruling verbatim for the Court s
signature, consistent with the requirements of CRC Rule 3.1312. The proposed order is to be submitted
directly to Judge Richard H. DuBois, Department 16.
Case Events
Others
Comments:
Future Hearings and Vacated Hearings
Rescheduled: August 12, 2020 1:30 PM Hearing on Demurrer
Reason: Moving Party's request
Cathey, Valerie
Courtroom 8B
Segran-Teo, Ashmika
Fineman, Nancy L.
Rescheduled: August 12, 2020 1:30 PM Motion to Strike
Reason: Moving Party's request
Cathey, Valerie
Courtroom 8B
Segran-Teo, Ashmika
Fineman, Nancy L.
Rescheduled: August 12, 2020 1:30 PM Motion to Disqualify Counsel
Reason: Calendar Redistribution
Cathey, Valerie
Courtroom 8B
Segran-Teo, Ashmika
Fineman, Nancy L.
Rescheduled: September 08, 2020 1:30 PM Motion for Relief from Waiver of Objections
Reason: Court's motion
Law and Motion, -
September 08, 2020 1:30 PM Motion for Relief from Waiver of Objections
DuBois, Richard H.
September 16, 2020 9:00 AM Case Management Conference
Case Management Conferences, -
Rescheduled: September 21, 2020 1:30 PM Motion for Leave to File Amended Complaint/Answer
Reason: Court's motion
Law and Motion, -
September 21, 2020 1:30 PM Motion for Leave to File Amended Complaint/Answer
DuBois, Richard H.
Rescheduled: September 21, 2020 1:30 PM Hearing on Demurrer
Reason: Court's motion
Law and Motion, -
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Case Number: 20-CIV-00446
September 21, 2020 1:30 PM Hearing on Demurrer
DuBois, Richard H.
Rescheduled: September 21, 2020 1:30 PM Motion to Strike
Reason: Court's motion
Law and Motion, -
September 21, 2020 1:30 PM Motion to Strike
DuBois, Richard H.
September 25, 2020 9:00 AM Discovery Conference
DuBois, Richard H.
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Preview
Case Number: 20-CIV-00446 SUPERIOR COURT OF SAN MATEO COUNTY 400 County Center 1050 Mission Road Redwood City, CA 94063 South San Francisco, CA 94080 www.sanmateocourt.org Minute Order David Weiner vs. Nordstrom, Inc., et al 20-CIV-00446 08/12/2020 1:30 PM Motion to Disqualify Counsel Hearing Result: Held Judicial Officer: DuBois, Richard H. Location: Courtroom 7A Courtroom Clerk: Kenneth Mitchell Courtroom Reporter: Parties Present Exhibits Minutes Journals - No appearance by any parties herein or their counsel of record. Tentative ruling adopted. PLAINTIFF WEINER'S MOTION TO DISQUALIFY COUNSEL FOR DEFENDANT NORDSTROM, INC. TENTATIVE RULING: Plaintiff WEINER s motion to disqualify counsel for Defendant NORDSTROM, INC. is DENIED. Plaintiff lacks standing. Generally only a client or former client has standing to disqualify an attorney representing an adversary. (Kennedy v. Eldridge (2011) 201 Cal.App.4th 1197, 1204.) However, a nonclient "might" have standing "where the ethical breach is manifest and glaring and so infects the litigation in which disqualification is sought that it impacts the moving party's interest in a just and lawful determination of [his or] her claims." (Id.) The circumstances that justified permitting a nonclient to disqualify opposing counsel do not exist in the present case. Unlike the moving party in Kennedy, Plaintiff WEINER does not show that Defendant NORDSTROM's counsel "may have acquired confidential facts" about Plaintiff (Kennedy at 1205, 1207-08) or that "family entanglements, potential misuse of confidential information, or a conflict posed by the near- certain prospect that counsel will have to testify" exists. (Id. at 1200.) The present case also does not fit the fact patterns of cases to which Plaintiff refers in his Reply. (See Reply at 7:20-22 (citing summary of cases in Kennedy).) Further, the Court does not find that any of the statements by Defense Counsel in the Declaration of attorney Conforti in Support of Demurrer and Motion to Strike, filed April 22, 2020, or in the emails attached to the declaration, or in telephone calls with Plaintiff, constitute breaches of ethical or professional responsibility such that they warrant disqualification. 1 Case Number: 20-CIV-00446 If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to CRC Rule 3.1308(a)(1), adopted by Local Rule 3.10. If the tentative ruling is uncontested, Defendant is directed to prepare, circulate, and submit a written order reflecting this Court s ruling verbatim for the Court s signature, consistent with the requirements of CRC Rule 3.1312. The proposed order is to be submitted directly to Judge Richard H. DuBois, Department 16. Case Events Others Comments: Future Hearings and Vacated Hearings Rescheduled: August 12, 2020 1:30 PM Hearing on Demurrer Reason: Moving Party's request Cathey, Valerie Courtroom 8B Segran-Teo, Ashmika Fineman, Nancy L. Rescheduled: August 12, 2020 1:30 PM Motion to Strike Reason: Moving Party's request Cathey, Valerie Courtroom 8B Segran-Teo, Ashmika Fineman, Nancy L. Rescheduled: August 12, 2020 1:30 PM Motion to Disqualify Counsel Reason: Calendar Redistribution Cathey, Valerie Courtroom 8B Segran-Teo, Ashmika Fineman, Nancy L. Rescheduled: September 08, 2020 1:30 PM Motion for Relief from Waiver of Objections Reason: Court's motion Law and Motion, - September 08, 2020 1:30 PM Motion for Relief from Waiver of Objections DuBois, Richard H. September 16, 2020 9:00 AM Case Management Conference Case Management Conferences, - Rescheduled: September 21, 2020 1:30 PM Motion for Leave to File Amended Complaint/Answer Reason: Court's motion Law and Motion, - September 21, 2020 1:30 PM Motion for Leave to File Amended Complaint/Answer DuBois, Richard H. Rescheduled: September 21, 2020 1:30 PM Hearing on Demurrer Reason: Court's motion Law and Motion, - 2 Case Number: 20-CIV-00446 September 21, 2020 1:30 PM Hearing on Demurrer DuBois, Richard H. Rescheduled: September 21, 2020 1:30 PM Motion to Strike Reason: Court's motion Law and Motion, - September 21, 2020 1:30 PM Motion to Strike DuBois, Richard H. September 25, 2020 9:00 AM Discovery Conference DuBois, Richard H. 3