Plaintiff wrote a statement shortly after an accident involving a co-worker, in which plaintiff said the other worker slipped and fell on a concrete floor soaked in oil and grease, but he did not say he witnessed the fall. About an hour later, someone in management asked him to write another witness statement. In the second, […]
Preliminary Fact Of Agency Not Established.
A lawyer, defense counsel in a criminal trial, filed a writ of prohibition challenging the superior court’s adjudication of contempt against her. The lawyer failed to answer questions regarding how she came into possession of evidence relevant to the prosecution of her client. The lawyer contends the evidence was delivered to her in some way by […]
To Every [ Defamation ] Action There Is Always Opposed An Equal Reaction–Isaac Newton.
At the time a lawyer was representing plaintiffs in an underlying action against defendants [the plaintiffs in the present action] for RICO violations [18 U.S.C. § 1961], the lawyer issued a press release captioned “FBI SAID TO BE INVESTIGATING GETFUGU’S CARL FREER,” the defendants his clients were suing. Later, the same lawyer issued the following Tweet: “GetFugu […]
Insurance Company May Stop Paying For Cumis Counsel After Withdrawing Its Reservation Of Rights.
The trial court granted summary judgment to an insurance company after determining it did not breach its insurance contract with its insured by refusing to pay any attorney fees incurred by the insured’s Cumis Counsel [San Diego Federal Credit Union v. Cumis Ins. Society, Inc. (1984) 162 Cal.App.3d 358, [208 Cal.Rptr. 494, (Cumis)], after the company […]
Employee Is Not Entitled To Attorney Of His Choice When Sued As A Result Of Carrying Out His Duties, After A Woman Died Drinking Too Much Water In An Ill-Conceived Radio Contest.
As the result of drinking too much water in an ill-conceived radio contest, a woman died. Plaintiff had helped conduct the contest as part of his duties as an employee of defendant, the company that owned the radio station. Although defendant told plaintiff it would provide legal counsel for him, plaintiff chose to hire his own […]
Unanticipated Consequences To Lawyers Having Arbitration Clause In Retainer Agreements.
Plaintiffs filed suit against their own lawyers based upon the inadequacy of a settlement in an underlying action. The lawyers successfully moved to compel the action to arbitration based upon an arbitration clause in the attorney retainer agreement. Plaintiffs filed a motion in the trial court seeking an order compelling the lawyers to advance the entire […]
Order Sanctioning And Disqualifying A Law Firm Reversed.
ppotentially conflicted and concluded the law firm could not jointly represent the company and the nonmember individual against the company’s minority members. The court based it ruling on rule 3-310(C) of the State Bar Rules of Professional Conduct and Gong v. RFG Oil, Inc. (2008) 166 Cal.App.4th 209, [82 Cal.Rptr.3d 416]. The appellate court reversed, […]
Plaintiff’s Counsel Should Not Have Been Disqualified Because Of The Expert Witness He Hired.
Plaintiff informed defendant he hired an expert who had previously testified on behalf of the defendant. Defendant claimed the expert possessed confidential attorney-client and work product information, and the trial court disqualified plaintiff’s counsel. The appellate court stated that even if attorney client work product conveyed to a consulting expert remains subject to work product protection, […]
Law Firm Should Not Have Been Disqualified.
The introductory paragraph to the opinion speaks for itself: “The trial court disqualified a law firm from simultaneously representing a limited liability company, its managing member (a partnership), and the person who managed that partnership (who was not himself a member of the company) in a lawsuit against two of the company’s minority members. The court […]
Allegations Of Breach Of Professional And Ethical Duties Against Lawyer.
A lawyer, who was co-founder of a firm, resigned from the law firm after an internal dispute. Five days prior to the effective date of his resignation, he remotely accessed the law firm’s document management system and spent several hours reviewing certain files relating to real estate transactions. Five months afterwards, one of the law firm’s […]