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Tag: Conflicts

July 31, 2013

Fiduciary Trust International of California v. Superior Court (2013) 218 Cal.App.4th 465

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Download Publication The Second District affirms disqualification of a marital trust’s trustees’ law firm since it previously represented husband and wife in forming their estate plan. Sandler & Rosen drafted wills for Willet and Betty Brown.  Willet’s will established a marital trust expected to generate several million dollars in annual income.  It named Betty as […]

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June 18, 2013

Havasu Lakeshore Investments, LLC v. Fleming, 2013 WL 3337365

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Download Publication The Fourth District decides disqualification is not warranted when a conflict is merely hypothetical, and not potential under the “reasonably likely to arise” test.  Terry L. Fleming Sr. and his son Terry L. Fleming Jr. loaned money to Havasu Lakeshore Investments, LLC (the LLC), which was developing a mobile home park.  These loans […]

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June 16, 2013

Schaefer v. Elder (2013) 217 Cal.App.4th 1

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Download Publication  The Third District affirms the trial’s court decision to disqualify counsel who represented an insurer and its insured with conflicting interests regarding classification of workers.  Steve Schaefer sued Elder Construction for construction defects.  After Elder tendered its defense to CastlePoint National Insurance Company, it retained Koeller, Nebeker, Carlson & Haluck, to represent Elder […]

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April 26, 2013

Khani v. Ford Motor Co. (2013) 2013 WL 1768661

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Download Publication The Second District holds an attorney who previously defended an auto manufacturer in cases under a lemon law cannot be disqualified from subsequently representing a plaintiff against the manufacturer in a case based on the same statute. Payam Shahian represented Behnam Khani in a suit against Ford Motor Company and a Ford dealer […]

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December 18, 2012

Shen v. Miller (2012) 2012 WL 6619025

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Download Publication The Second District holds representation of a shareholder in a derivative action does not create an attorney-client relationship between the shareholder’s attorney and the corporation. Randall Miller and Chih Teh Shen established Arnon Development Group, Inc. (Arnon) to develop real estate.  When the relationship floundered, Shen retained John R. Walton to represent his interests.  […]

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August 10, 2012

Rodriguez v. Disner 688 F.3d 645 (9th Cir. 2012)

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Download Publication The Ninth Circuit holds that class counsel representing conflicting interests is not entitled to attorneys’ fees. Van Etten Suzumoto & Becket LLP (which later merged with McGuire-Woods LLC) entered into “incentive agreements” with five clients in connection with a potential antitrust class action against West Publishing.  Each client authorized Van Etten to request […]

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May 5, 2011

Schimmel v. Levin (May 5, 2011, C.A. 3rd Dist., Case No. C063214)

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Download Publication The Third District holds a trial court may strike a petition to compel arbitration after it determined the attorney who filed the petition was disqualified due to possession of confidential information adverse to the opposing party. Leon Schimmel served as medical director for Community Health Associates Medical Group (“Community Health”) from 1995 through […]

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April 6, 2011

Liberty National Enterprises, LP v. Chicago Title Insurance Co. (2011) 194 Cal.App.4th 839

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The Second District holds that a delayed motion to disqualify filed after counsel had achieved partial success on the merits, and premised on unrelated prior representation, was properly denied. Liberty National Enterprises, L.P. (Liberty) retained Donald McDougal to sue its title insurer, Chicago Title Insurance Company (Chicago), for bad faith.  After two years of litigation […]

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March 22, 2011

Banning Ranch Conservancy v. Superior Court (City of Newport Beach) (2011) 193 Cal.App. 4th 903

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The Fourth District holds that a “framework” fee agreement designed to expedite future engagements did not create an open-ended disqualifying attorney-client relationship. Banning Ranch Conservancy (Conservancy) retained Shute, Mihaly & Weinberger (the Shute firm) to challenge the City of Newport Beach’s (City) plan to build a four-lane divided highway on its land.  The City filed […]

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January 18, 2011

Kullar v. Foot Locker Retail, Inc. (2011) 191 Cal.App.4th 1201

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Download Publication The First District holds attorneys representing putative class members in one case, and objecting class members in a related case, were not disqualified for representing conflicting interests in the two cases.  Qualls & Workman, L.L.P. (Q & W) successfully prosecuted an appeal on behalf of three objectors, including Crystal Echeverria, of a trial […]

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