Blog Home

Tag: Conflicts

July 16, 2010

Montgomery v. Superior Court (Knight) (2010) 186 Cal.App.4th 1051

Posted by: jab | Share | Comments Off on Montgomery v. Superior Court (Knight) (2010) 186 Cal.App.4th 1051

Download Publication The Fourth District holds that an expert, who was a former client of an opposing attorney, need not be disqualified as long as the expert provides a written conflict waiver. Laura and Douglas Montgomery retained John M.  Shamoun, M.D.  to testify about the standard of care in their medical malpractice action against physician […]

Tags: ,
Categories: Legal Updates

April 26, 2010

Plummer v. Day/Eisenberg (2010) 184 Cal.App.4th 38

Posted by: jab | Share | Comments Off on Plummer v. Day/Eisenberg (2010) 184 Cal.App.4th 38

Download Publication  The Fourth District holds that attorneys who attempt to avoid a valid lien asserted by prior counsel can be subject to both conversion and interference with prospective economic advantage claims.  The Court also held that attorneys need not comply with a Rule of Professional Conduct pertaining to taking an interest adverse to a […]

Tags: , ,
Categories: Legal Updates

March 12, 2009

U.S. Fire Ins. Co. v. Sheppard, Mullin, Richter & Hampton (2009) 171 Cal.App.4th 675

Posted by: jab | Share | Comments Off on U.S. Fire Ins. Co. v. Sheppard, Mullin, Richter & Hampton (2009) 171 Cal.App.4th 675

Download Publication The First District holds that a law firm sued for representing successive clients with conflicting interests in a substantially related matter cannot use the anti-SLAPP statute to strike the complaint as the gravamen of the complaint does not involve protected activity.  U.S. Fire is an insurance company sued in the “Kelly-Moore” litigation for a […]

Tags: ,
Categories: Legal Updates

October 30, 2008

In Re Charlisse C. (2008) 45 Cal.4th 145

Posted by: jab | Share | Comments Off on In Re Charlisse C. (2008) 45 Cal.4th 145

Download Publication The Supreme Court holds that in the context of a public law office, a flexible case-by-case inquiry into whether client confidences are protected will apply to disqualification motions in cases of successive representation.   The Los Angeles County Department of Children and Family Services (DCFS) filed a petition alleging that six-day-old Charlisse came within […]

Tags: ,
Categories: Legal Updates

September 30, 2008

Wood v. Jamison (2008) 167 Cal.App.4th 156

Posted by: jab | Share | Comments Off on Wood v. Jamison (2008) 167 Cal.App.4th 156

Download Publication The Second District holds that an attorney engaged in conflicts of interest and self-dealing was subject to both damages and attorney’s fees and costs under the Elder Abuse Act.  After several life crises, Merle Peterson, an elderly woman, met Patrick McComb, who falsely told her he was her nephew. Peterson transferred a significant […]

Tags: , ,
Categories: Legal Updates

October 30, 2007

Med-Trans Corp. v. City of California City (2007) 156 Cal.App.4th 655 (rev. den1/16/08)

Posted by: jab | Share | Comments Off on Med-Trans Corp. v. City of California City (2007) 156 Cal.App.4th 655 (rev. den1/16/08)

Download Publication An attorney’s solicitation of business and basic legal advice amounting to no more than initial impressions does not create an attorney-client relationship. Med Tran Corporation (MTC) sued City of California City involving a contract for air ambulance services.  California City sought to disqualify MTC’s attorney Thomas Anton due to a prior meeting between Anton […]

Tags: ,
Categories: Legal Updates

August 27, 2007

Freeman v. Schack (2007) 154 Cal.App.4th 719

Posted by: jab | Share | Comments Off on Freeman v. Schack (2007) 154 Cal.App.4th 719

Download Publication  The Fourth District holds that there is no anti-SLAPP protection for petitioning activity only incidental to unprotected activity. Arleen Freeman and James Alexander initiated an antitrust action against a real estate listing service.  When Alexander Schack learned that they were seeking class certification, he offered his services as a class action attorney with […]

Tags: , ,
Categories: Legal Updates

July 31, 2007

In re Zamer G. (2007) 153 Cal.App.4th 1253

Posted by: jab | Share | Comments Off on In re Zamer G. (2007) 153 Cal.App.4th 1253

Download Publication The Second District holds that due to special statutory protections only actual conflicts of interest will disqualify attorneys representing joint clients in dependency proceedings.    The Children’s Law Center of Los Angeles is a publicly funded, nonprofit law office that represents parties in the Los Angeles County Juvenile Dependency Court.   It created three […]

Tags: ,
Categories: Legal Updates

April 25, 2007

Roush v. Seagate Technology, LLC (2007) 150 Cal. App. 4th 210 (rev. den. 07/25/07)

Posted by: jab | Share | Comments Off on Roush v. Seagate Technology, LLC (2007) 150 Cal. App. 4th 210 (rev. den. 07/25/07)

Download Publication The Sixth District holds that clients sharing the same attorney who are adverse to the same defendant are not “joint clients” entitled to a shared attorney client privilege.  Thus, disqualification is not proper when one client agrees with defendant to waive his own attorney client privilege. After receiving slights from a supervisor, Patricia […]

Tags: ,
Categories: Legal Updates

April 18, 2007

Knight v. Ferguson (2007) 149 Cal.App.4th 1207

Posted by: jab | Share | Comments Off on Knight v. Ferguson (2007) 149 Cal.App.4th 1207

Download Publication The Second District affirms the disqualification of an attorney based upon a brief representation as to a partnership and lease agreement. Laura Knight decided to open a new branch of an existing restaurant that she owned.  Steven Sponder agreed to be a financing partner for the project.  Knight met with attorney Richard Wideman […]

Tags: ,
Categories: Legal Updates