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Author: jab

May 3, 2016

J-M Manufacturing Co. Inc., v. Phillips & Cohen LLP, (2016) 247 Cal.App.4th 87

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Download Publication The Second District holds a press release reporting a trial result is privileged under C.C. §47(d), a fair and true report of an official proceeding.  J-M, a manufacturer of PVC pipes used in underground water systems, was sued by Phillips & Cohen’s clients for false claim act violations.  J-M represented its pipes met […]

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May 2, 2016

Osborne v. Todd Farm Service 2016 WL 1756753

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Download Publication The Second District holds an attorney’s violations of pre-trial evidentiary rulings warrant a sanction of dismissal. Rebecca Osborne retained Glenn Murphy to sue Todd Farm Service and Berrington Custom Hay Stacking and Transport, Inc. (Berrington) when she was injured by a hay bale that unexpectedly gave way as she was tossing it. There […]

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April 16, 2016

DP Pham, LLC v. Cheadle (2016) 246 Cal.App.4th 653

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Download Publication The Fourth District holds a court may not conduct an in camera review of attorney-client communications once the holder of the privilege makes a prima facie showing of privilege.   Robert Obarr worked closely with his assistant, Christi Torres Galla, and was represented by Attorney Kimes in a variety of matters. Obarr sold a […]

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March 28, 2016

Radcliffe v. Hernandez (9th Cir. 2016) 818 F.3d 537

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Download Publication The Ninth Circuit holds courts need not apply conflict of interest automatic disqualification rules applicable to individual litigant cases in class actions in favor of a more flexible “balancing of interests” approach. “White Plaintiffs,” named class members, were represented by “White Counsel.”  A different set of class representatives in a related separate case, […]

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March 17, 2016

Costello v. Buckley (2016) 245 Cal.App.4th 748

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Download Publication The Fourth District holds disqualification is proper in successive representation cases even if the matters have no substantial relationship to each other where the client proves the attorney actually received confidential information in the prior representation that is or could be pertinent to the later representation. Robert Buckley represented Leslie Costello in an […]

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March 17, 2016

Ardon v. City of Los Angeles (2016) 62 Cal.4th 1176

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Download Publication The Supreme Court holds inadvertent disclosure of attorney-client privileged and work product protected documents pursuant to a Public Records Act request does not constitute waiver, and the claw back rules of inadvertently disclosed documents apply. Plaintiff filed a class action lawsuit against Defendant City challenging the validity of a certain tax and seeking […]

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February 2, 2016

Uecker v. Zentil (2016) 244 Cal.App.4th 789

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Download Publication The First District holds a bankruptcy trustee cannot assert claims against an attorney precluded by the doctrine of unclean hands. MF’08 was a limited liability company whose sole managing member was another limited liability company dominated by Walter and Kelly Ng. Dennis Zentil represented MF’08.  MF’08 promised investments in secured real estate loans, […]

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January 11, 2016

Kelly v. Orr (2016) 243 Cal.App.4th 940

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Download Publication The Fourth District holds a successor trustee’s suit against counsel was timely because it was filed within one year of termination of the attorney-client relationship with the predecessor trustee. James Kelly was the successor trustee of the Beverly Snodgrass Clark Intervivos Trust. He sued attorneys Barbara Orr, Joseph Holland, Gretchen Shaffer and the […]

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December 30, 2015

Kemper v. County of San Diego 2015 WL 9480476

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Download Publicaton The Fourth District holds a parent who would have lost custody of her child despite alleged errors and omissions by her counsel could not show causation in a legal malpractice claim Johnneisha Kemper was represented by appointed county attorneys when she lost custody of her child. Another attorney from the same office believed […]

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December 30, 2015

M’Guinness v. Johnson (2015) 243 Cal.App.4th 602

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Download Publication The Sixth District holds a law firm’s open-ended agreement, evergreen retainer, and control over corporate records indicated a concurrent attorney-client relationship with a corporate client, and disqualification in a shareholder dispute was proper. James M’Guinness, Steven Johnson, and Scott Stuart each owned one-third of the outstanding stock of TLC, and each was an […]

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