The Court denies Defendant/Cross-Complainant Diane Kim’s Motion to Disqualify Limnexus LLP as Counsel for Osmo.
A court has inherent power “[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 manner pertaining thereto.” [CCP § 128(a)(5)].
This includes the power to disqualify counsel in appropriate cases. [In re Complex Asbestos Litig. (1991) 232 Cal.App.3d 572, 575.] Although, courts increasing recognize motions to disqualify an attorney may be misused to harass, delay litigation, or force a settlement. (Derivi Construction & Architecture, Inc. v. Wong (2004) 118 Cal.App.4th 1268, 1272; Antelope Valley Groundwater Cases (2018) 30 Cal. App. 5th 602, 616.)
Here, the Motion seeks to disqualify Limnexus as Counsel for Osmo based on a purported concurrent representation with cross-Defendant Noh.
In Opposition, Limnexus, through partner Sam Kim, and Noh testify that t
Hearing Date
January 13, 2021
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The Court denies Defendant/Cross-Complainant Diane Kim’s Motion to Disqualify Limnexus LLP as Counsel for Osmo.
A court has inherent power “[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 manner pertaining thereto.” [CCP § 128(a)(5)].
This includes the power to disqualify counsel in appropriate cases. [In re Complex Asbestos Litig. (1991) 232 Cal.App.3d 572, 575.] Although, courts increasing recognize motions to disqualify an attorney may be misused to harass, delay litigation, or force a settlement. (Derivi Construction & Architecture, Inc. v. Wong (2004) 118 Cal.App.4th 1268, 1272; Antelope Valley Groundwater Cases (2018) 30 Cal. App. 5th 602, 616.)
Here, the Motion seeks to disqualify Limnexus as Counsel for Osmo based on a purported concurrent representation with cross-Defendant Noh.
In Opposition, Limnexus, through partner Sam Kim, and Noh testify that t