Superior Court of California

VERNON CRESWELL, Plaintiff, v. CITY OF MONTEBELLO and does 1 through 100, Defendants.

Case No.: BC673051

Hearing Date: November 27, 2019

[TENTATIVE] order RE:

MOTION TO DISQUALIFY PLAINTIFF’S COUNSEL LINCOLN W. ELLIS

The Court has considered the moving, opposing, reply, and supplemental papers.

BACKGROUND

In this employment action, Plaintiff Vernon Creswell (“Plaintiff”) alleges that he has been subjected to retaliation for filing a prior lawsuit for racial harassment, discrimination, and retaliation against Defendant City of Montebello (“Defendant”)

On August 9, 2017, Plaintiff filed a government claim with Defendant and identified Chief Fernando Pelaez (“Chief Pelaez”) as a witness to his claims. (Van Ligten Decl. Ex. A. at 3:23-24)

On August 22, 2017, Plaintiff filed the operative complaint asserting two causes of action: (1) retaliation in violation of the Fair Employment and Housing Act (“FEHA”) and (2) whistleblower retaliation under Labor C