Case Name: Hicks v. Fusionzone Automotive, LLC, et al.

Case No.: 19SMCV01334

Complaint Filed: 7-9-19

Hearing Date: 10-13-20

Discovery C/O: 7-23-21

Calendar No.: 3

Discover Motion C/O: 8-5-21

POS: OK

Trial Date: 8-23-21

SUBJECT: MOTION TO DISQUALIFY COUNSEL

MOVING PARTY: Defendant/X-Complainants Fusionzone Automotive, LLC, Brett Sutherlin and Karen Sutherlin

RESP. PARTY: None as of 10-13-20

TENTATIVE RULING

Defendants/X-Complainants Fusionzone Automotive LLC, Brett Sutherlin and Karen Sutherlin’s Motion to Disqualify Counsel is GRANTED.

I. Applicable Law

Rule 3-3100(E) provides that “[a] member shall not, without the informed written consent of the client or former client, accept employment adverse to the client or former client where, by reason of the representation of the client or former client, the member has obtained confidential information material to the employment.”

“Before an attorney may be disqualified from representing a party in litigation because his repre