Defendant Calvary Baptist Church of Yorba Linda’s motion to disqualify Plaintiff Calvary Chapel Yorba Linda’s attorney of record, Tyler & Bursch, LLP is denied.
In general, there are two types of situations in which conflicts requiring the disqualification of counsel may arise—successive representation and concurrent representation. (Cal West Nurseries, Inc. v. Superior Court (2005) 129 Cal.App.4th 1170, 1174.)
Regarding concurrent representation, Rule of Professional Conduct 1.7 (formerly 3-310(c)) provides that a lawyer will not, without informed written consent from each client, represent a client with an interest adverse to another client. In considering conflicts of interest in a concurrent representation, the court must focus on the attorney’s duty of loyalty. (Sharp v. Next Entertainment, Inc. (2008) 163 Cal.App.4th 410, 428.) “A per se or automatic disqualification rule applies when counsel's representation of one client is adverse to the interests of another current client.” (
Hearing Date
February 07, 2020
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Defendant Calvary Baptist Church of Yorba Linda’s motion to disqualify Plaintiff Calvary Chapel Yorba Linda’s attorney of record, Tyler & Bursch, LLP is denied.
In general, there are two types of situations in which conflicts requiring the disqualification of counsel may arise—successive representation and concurrent representation. (Cal West Nurseries, Inc. v. Superior Court (2005) 129 Cal.App.4th 1170, 1174.)
Regarding concurrent representation, Rule of Professional Conduct 1.7 (formerly 3-310(c)) provides that a lawyer will not, without informed written consent from each client, represent a client with an interest adverse to another client. In considering conflicts of interest in a concurrent representation, the court must focus on the attorney’s duty of loyalty. (Sharp v. Next Entertainment, Inc. (2008) 163 Cal.App.4th 410, 428.) “A per se or automatic disqualification rule applies when counsel's representation of one client is adverse to the interests of another current client.” (