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Tag: Ethics

October 28, 2016

Walker v. Apple, Inc. 16 C.D.O.S. 11477

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Download Publication The Fourth District holds a law firm’s concurrent representation of a class representative and, in a separate action, an unnamed but identified class member with conflicting interests results in automatic disqualification. Brandon Felczer, represented by Hogue & Belong, filed a wage-and-hour class action against Apple. The Felczer trial court certified six subclasses of […]

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June 21, 2016

Butler v. LeBouef (2016) 248 Cal.App.4th 198

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Download Publication The Second District holds an attorney cannot benefit from a client’s estate plan presumed to result from undue influence. John A Patton had been a client of John F. LeBouef. Patton suffered from depression, alcohol abuse, and many health problems.  After Patton’s partner died, LeBouef befriended him.  When Patton died, LeBouef proffered an […]

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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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June 12, 2015

Martinez v State of California Department of Transportation (2015) 238 Cal.App.4th 559

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Download Publication The Fourth District orders a new trial based on attorney misconduct.   Donn Martinez filed a personal injury suit against the State of California, represented by Karen Bilotti Prior to trial, the court granted a motion in limine limiting references to Martinez’s affiliation with ministry catering to potential motorcycle gang members, and his  termination […]

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February 13, 2015

Western Sugar Coop v Archer-Daniels-Midland Co., 98 F.Supp.3d 1074 (C.D. Cal., 2015)

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Download Publication The Central District disqualifies a merged law firm due to concurrent and consecutive representation of clients with adverse interests Sugar industry companies (“Sugar Plaintiffs”) sued corn-refining companies over false advertising. The Sugar Plaintiffs commenced the lawsuit with Squire Sanders & Dempsey, LLP (“Squire Sanders”) as their counsel.  After the lawsuit was underway, Squire […]

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January 16, 2015

In Re McIntosh 2015 WL 241130

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Download Publication The Bankruptcy Court denies a fee application, and orders a refund of fees already paid, in response to a flagrant breach of loyalty by an attorney. Deborah McIntosh hired David N. Chandler to represent her in a bankruptcy. During the bankruptcy proceedings, Chandler argued a deed of trust on McIntosh’s home should be […]

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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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October 22, 2014

Lofton v. Wells Fargo (2014) 2014 WL 5358364

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Download Publication The First District holds a trial court has continuing jurisdiction to monitor class action settlements, and to issue injunctive relief to consider whether ethical violations preclude an attorney fee award to class counsel. Two law firms filed class actions in two courts alleging employees of Wells Fargo Home Mortgage were misclassified as exempt […]

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November 5, 2013

Yanez v. Plummer (2013) 221 Cal.App.4th 180

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Download Publication The Third District holds it is a question of fact whether an attorney’s violation of the Rules of Professional Conduct is a cause of a client’s injury.     Michael Yanez was present at a worksite where his co-worker, Robert Garcia, slipped and fell due to unsafe conditions.  At his employer’s request, he gave two […]

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October 30, 2013

Steiner v. Superior Court (Volkswagen Group of America) (2013) 220 Cal.App.4th 1479

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Download Publication The Second District holds requiring an attorney to delete references to prior, similar cases for the duration of trial violates the attorney’s right to free speech.  Richard and Christie Steiner filed a personal injury action against Volkswagen Group of America (Volkswagen), Ford Motor Company (Ford), and others after Richard contracted lung cancer allegedly […]

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