Nature of Proceedings: Demurrer and Motion to Strike; Motion Quash Subpoena

(1) Allegations of Second Amended Cross-Complaint

Defendant and cross-complainant Jeffrey C. Nelson is a lawyer and former partner of plaintiff and cross-defendant Mullen & Henzell, LLP, (Law Firm). (Second Amended Cross-Complaint [SACC], ¶¶ 1, 6, 13.) Cross-defendant Greg Faulkner is the managing partner of the Law Firm. (SACC, ¶ 7.)

During the time Nelson was with the Law Firm, Nelson developed an expertise in real estate and environmental law. (SACC, ¶ 14.) Nelson also became an owner in a real estate development company, cross-complainant Oak Creek Company (Oak Creek), which was a client of the Law Firm both as to its corporate matters and its development projects and undertakings. (Ibid.)

In 1997, Nelson and the Law Firm were retained by a client (Chase Family) to work on a project that consisted of several lots which the client desired to develop (Chase Project). (SACC, ¶ 16.) The first phase of the C