Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
22-10174
|
U.S. v. Williams
District court improperly disqualified the entire Arizona U.S. Attorney's Office from bringing gang charges based on a conflict of interest involving one Assistant U.S. Attorney. |
Attorneys |
|
P. Bumatay | May 19, 2023 |
A164148
|
Estate of Kempton
Probate court had discretion to approve fee payment directly to a third party who was legally entitled to money owed on a judgment lien against estate administrator. |
Attorneys |
|
J. Streeter | May 9, 2023 |
B313903
|
Modification: Gordon v. Ervin Cohen & Jessup LLP
Attorneys could not be liable for malpractice to nonclient third parties in the absence of a clear, certain, and undisputed intent on the part of the client to benefit them. |
Attorneys |
|
B. Hoffstadt | Mar. 22, 2023 |
H048130
|
Padideh v. Moradi
Plaintiff's malicious prosecution claim was barred by the unclean hands doctrine where the lies by omission in her deposition caused the other side to not pursue certain legal actions. |
Attorneys |
|
H. Williams | Mar. 21, 2023 |
B313903
|
Gordon v. Ervin Cohen & Jessup LLP
Attorneys could not be liable for malpractice to nonclient third parties in the absence of a clear, certain, and undisputed intent on the part of the client to benefit them. |
Attorneys |
|
B. Hoffstadt | Feb. 27, 2023 |
A160188
|
Shiheiber v. JPMorgan Chase Bank
Trial court had authority to impose sanctions under Code of Civil Procedure Section 575.2 for local rule violations. |
Attorneys |
|
T. Stewart | Jul. 28, 2022 |
B315959
|
Lopez v. Lopez
Disqualifying attorney from all phases of litigation under the advocate-witness rule without applying the proper legal standard was an abuse of discretion. |
Attorneys |
|
N. Manella | Jul. 21, 2022 |
H048669
|
Wang v. Nesse
In a statute-of-limitations dispute, there was a triable issue as to when attorney's representation ended after he sent equivocal emails and signed documents as client's representation. |
Attorneys |
|
C. Wilson | Jul. 21, 2022 |
A163396
|
Victaulic Co. v. American Home Assurance Co.
Attorneys and law firm were not disqualified from representation based on an earlier representation of an insurance group that movants were members of. |
Attorneys |
|
J. Richman | Jun. 29, 2022 |
07-80153
|
In Re Yagman
An attorney could not justify reinstatement to the Ninth Circuit while he was currently disbarred in another jurisdiction that had independent, non-reciprocal disciplinary reasons. |
Attorneys |
|
P. Curiam | Jun. 20, 2022 |
D079373
|
A.F. v. Jeffrey F.
Attorney representing both mother in prior marital dissolution and child in current domestic violence case did not justify disqualification since father did not present substantial evidence of simultaneous representation. |
Attorneys |
|
R. Huffman | Jun. 10, 2022 |
C091100
|
Simonyan v. Nationwide Insurance Co. of America
Even assuming that the right to independent counsel attached, the insured's allegations that a conflict of interest existed did not meet the standard under Rule 1.7(b) of the Rules of Professional Conduct. |
Attorneys |
|
J. Renner | May 18, 2022 |
C092212
|
Hassett v. Olson
Former presiding judge should be disqualified as a legal representative for having presided two prior same matters personally and substantively. |
Attorneys |
|
V. Raye | May 16, 2022 |
G060360
|
People ex rel. City of San Diego v. Experian Data Corp.
Contingency fee arrangements between the City of San Diego and private law firms, in an Unfair Competition Law action filed by the city's attorneys, did not violate the prosecutor's duty of neutrality. |
Attorneys |
|
L. Zelon | Apr. 28, 2022 |
B301785
|
Modification: Mireskandari v. Edwards Wildman Palmer LLP
Plaintiff showed causation for malpractice claim against former attorneys since he would not have incurred costs and fees from anti-SLAPP motion had he been properly advised before filing his lawsuit. |
Attorneys |
|
A. Egerton | Apr. 27, 2022 |
Modification: Aronow v. Superior Court (Emergent LLP)
When indigent party demonstrates inability to pay for arbitration, trial courts may provide opposing party the choice to pay for indigent party's arbitration fees or try the case in court. |
Attorneys |
|
J. Ross | Apr. 25, 2022 | |
B311823
|
Clarity Co. Consulting v. Gabriel
Sanctions may be imposed when clearly meritless anti-SLAPP motions are pursued. |
Attorneys |
|
K. Yegan | Apr. 13, 2022 |
B301785
|
Mireskandari v. Edwards Wildman Palmer LLP
Plaintiff showed causation for malpractice claim against former attorneys since he would not have incurred costs and fees from anti-SLAPP motion had he been properly advised before filing his lawsuit. |
Attorneys |
|
A. Egerton | Apr. 12, 2022 |
A162662
|
Aronow v. Superior Court (Emergent LLP)
When indigent party demonstrates inability to pay for arbitration, trial courts may provide opposing party the choice to pay for indigent party's arbitration fees or try the case in court. |
Attorneys |
|
J. Ross | Mar. 30, 2022 |
B304734
|
LA Investments, LLC v. Spix
Mobilehome park's malicious prosecution action prevailed because no reasonable attorney would have imputed nefarious meaning to the park's letter requesting financial information from resident applicant. |
Attorneys |
|
K. Knill | Mar. 8, 2022 |
B311161
|
People v. Williams
An attorney who prosecutes an appeal while failing to cite known authority that the court has no jurisdiction to entertain the appeal violates the attorney's duty of candor. |
Attorneys |
|
L. Baker | Feb. 28, 2022 |
21-55085
|
Amended Opinion: In Re Grand Jury
The 'primary purpose' test governs attorney-client privilege rather than the 'because of' test. |
Attorneys |
|
K. Lee | Jan. 28, 2022 |
B308435
|
Sanchez v. Westlake Services
Under Code of Civil Procedure Section 904.1(a)(2), for the trial court's attorney fees order to constitute an appealable postjudgment order, a prior appealable judgment is required. |
Attorneys |
|
D. Perluss | Jan. 19, 2022 |
B304655
|
Modification: Wertheim, LLC v. Currency Corp.
Where attorneys' untimeliness in pursuing a motion causes more fees, postjudgment attorneys' fees are unnecessary and unmerited. |
Attorneys |
|
V. Chaney | Nov. 15, 2021 |
B306905
|
Letgolts v. David H. Pierce & Assoc.
Despite attorney's sluggishness with a suit, there was no legal malpractice because the underlying claim would not have prevailed. |
Attorneys |
|
J. Wiley | Nov. 4, 2021 |
A161193
|
Moreci v. Scaffold Solutions, Inc.
Under the general standing rules requiring some sort of confidential or fiduciary relationship, a trial court correctly determined a party lacked standing to move to disqualify counsel. |
Attorneys |
|
J. Richman | Oct. 20, 2021 |
B304655
|
Wertheim, LLC v. Currency Corp.
Where attorneys' untimeliness in pursuing a motion causes more fees, postjudgment attorneys' fees are unnecessary and unmerited. |
Attorneys |
|
V. Chaney | Oct. 18, 2021 |
B296749
|
Missakian v. Amusement Industry, Inc.
Regardless of attorney's status as in-house counsel, oral agreements with employer for litigation bonuses are contingency agreements that must be in writing and signed by both counsel and employer. |
Attorneys |
|
C. Moor | Sep. 30, 2021 |
B309986
|
Leiper v. Gallegos
A pro se attorney's eligibility to recover costs excluding attorney fees is not dependent whether a pro se attorney can recover attorney fees. |
Attorneys |
|
K. Yegan | Sep. 24, 2021 |
21-55085
|
In Re Grand Jury
The 'primary purpose' test governs attorney-client privilege rather than the 'because of' test. |
Attorneys |
|
K. Lee | Sep. 14, 2021 |