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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 9th May 19, 2023
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 1DCA/4 May 9, 2023
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 2DCA/2 Mar. 22, 2023
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 6DCA Mar. 21, 2023
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 2DCA/2 Feb. 27, 2023
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 1DCA/2 Jul. 28, 2022
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 2DCA/4 Jul. 21, 2022
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 6DCA Jul. 21, 2022
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 1DCA/2 Jun. 29, 2022
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 9th Jun. 20, 2022
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 4DCA/1 Jun. 10, 2022
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 3DCA May 18, 2022
Hassett v. Olson
Former presiding judge should be disqualified as a legal representative for having presided two prior same matters personally and substantively.
Attorneys 3DCA May 16, 2022
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 4DCA/3 Apr. 28, 2022
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 2DCA/3 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 1DCA/4 Apr. 25, 2022
Clarity Co. Consulting v. Gabriel
Sanctions may be imposed when clearly meritless anti-SLAPP motions are pursued.
Attorneys 2DCA/6 Apr. 13, 2022
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 2DCA/3 Apr. 12, 2022
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 1DCA/4 Mar. 30, 2022
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 2DCA/3 Mar. 8, 2022
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 2DCA/5 Feb. 28, 2022
Amended Opinion: In Re Grand Jury
The 'primary purpose' test governs attorney-client privilege rather than the 'because of' test.
Attorneys 9th Jan. 28, 2022
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 2DCA/7 Jan. 19, 2022
Modification: Wertheim, LLC v. Currency Corp.
Where attorneys' untimeliness in pursuing a motion causes more fees, postjudgment attorneys' fees are unnecessary and unmerited.
Attorneys 2DCA/1 Nov. 15, 2021
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 2DCA/8 Nov. 4, 2021
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 1DCA/2 Oct. 20, 2021
Wertheim, LLC v. Currency Corp.
Where attorneys' untimeliness in pursuing a motion causes more fees, postjudgment attorneys' fees are unnecessary and unmerited.
Attorneys 2DCA/1 Oct. 18, 2021
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 2DCA/5 Sep. 30, 2021
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 2DCA/6 Sep. 24, 2021
In Re Grand Jury
The 'primary purpose' test governs attorney-client privilege rather than the 'because of' test.
Attorneys 9th Sep. 14, 2021