Motion: Defendant’s Motion to Disqualify Plaintiffs’ Counsel
Tentative Ruling:
To deny the motion to disqualify counsel. To strike the Stipulation and Order to file the First Amended Complaint entered and filed July 19, 2016.
Explanation:
“A trial court's authority to disqualify an attorney derives from the power inherent in every court ‘[t]o control in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it, in every matter pertaining thereto.’ (Code Civ. Proc., § 128, subd. (a)(5); [citations].)” (People ex rel. Dept. of Corporations v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1145 (SpeeDee Oil).) However, motions to disqualify generally arise in one of two contexts: (1) in cases of successive representation, where an attorney seeks to represent a client with interests that are potentially adverse to a former client; and (2) in cases of simultaneous representation, where an
Hearing Date
August 29, 2016
Type
36 Unlimited - Wrongful Termination
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Motion: Defendant’s Motion to Disqualify Plaintiffs’ Counsel
Tentative Ruling:
To deny the motion to disqualify counsel. To strike the Stipulation and Order to file the First Amended Complaint entered and filed July 19, 2016.
Explanation:
“A trial court's authority to disqualify an attorney derives from the power inherent in every court ‘[t]o control in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it, in every matter pertaining thereto.’ (Code Civ. Proc., § 128, subd. (a)(5); [citations].)” (People ex rel. Dept. of Corporations v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1145 (SpeeDee Oil).) However, motions to disqualify generally arise in one of two contexts: (1) in cases of successive representation, where an attorney seeks to represent a client with interests that are potentially adverse to a former client; and (2) in cases of simultaneous representation, where an