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Tag: Disqualification

November 6, 2014

Lynn v. Gateway Unified School District, 771 F.3d 1135 (9th Cir. 2014)

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Download Publication The Ninth Circuit holds a disqualification order is not a collateral order subject to immediate appeal.  Jody Thulin’s superiors at the Gateway Unified School District decided she was not a good fit for an administrative team and recommended she be returned to a teaching position.  Thulin resigned and filed suit against the District […]

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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 27, 2013

DeLuca v. State Fish Co., Inc. (2013) 217 Cal.App.4th 671

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Download Publication  The Second District holds neither the attorney-client privilege nor work product protection precludes counsel’s contact with an opposing expert who has already testified, and disqualification is not warranted.  State Fish Company, Inc. (State Fish), a seafood business owned and operated by the DeLuca family sued its former director, John DeLuca, who opened a […]

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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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February 19, 2013

San Francisco Unified School Dist. ex rel Contreras v. First School, Inc. 2013 WL 628318

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Download Publication The First District holds Rule of Professional Conduct 2-100 could not preclude party contacts with an opposing party’s employees. William Padilla and Manuel Contreras, former Laidlaw employees, and the Environmental Law Foundation (“ELF”), filed a complaint against Laidlaw’s parent corporation, First School, Inc. (“FSI”) alleging violations of the False Claims Act. According to […]

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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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December 13, 2011

Kennedy v. Eldridge 2011 WL 6176199

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Download Publication The Third District upholds disqualification of counsel where the attorney previously represented the adversary’s father in a similar family law dispute and where there was a substantial probably that the attorney would be both witness and advocate in the dispute. College students Kayla Kennedy and Tyler Eldridge had a son, Calvin.  Tyler’s father […]

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June 2, 2011

Clark v. Superior Court (Verisign) (2011) 196 Cal.App.4th 37

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Download Publication The Fourth District affirms the trial court’s disqualification of counsel for reviewing and failing to immediately return attorney-client privileged documents. Grant Clark, represented by Higgs, Fletcher & Mack LLP (“Higgs”), sued VeriSign, Inc. for wrongful termination.  The trial court disqualified Higgs after it found the firm had received and excessively reviewed privileged documents.  […]

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