Judge: Carolyn M. Caietti, Case: 37-2022-00012247-CU-BT-CTL, Date: 2024-02-23 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - February 22, 2024

02/23/2024  10:30:00 AM  C-70 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Carolyn Caietti

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Civil - Unlimited  Business Tort Motion Hearing (Civil) 37-2022-00012247-CU-BT-CTL RAJAEE VS LINTZ [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Disqualify Attorney of Record, 12/15/2023

Plaintiff Ashkan Rajaee's Motion to Disqualify Micah Bailey is DENIED.

Defendants Talentcrowd, LLC, Joshua Lintz and Melissa Garcia's objections are overruled as to Nos. 1, 3-4, 15-16; and sustained as to 2, 5-14 and 17-31.

A trial court's authority to disqualify an attorney derives from the power inherent in every court '[t]o control in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it, in every matter pertaining thereto.' (In re Charlisse C. (2008) 45 Cal.4th 145, 159 (citations omitted).) 'Ultimately, disqualification motions involve a conflict between the clients' right to counsel of their choice and the need to maintain ethical standards of professional responsibility. [Citation.] The paramount concern must be to preserve public trust in the scrupulous administration of justice and the integrity of the bar. The important right to counsel of one's choice must yield to ethical considerations that affect the fundamental principles of our judicial process. [Citations.]' (People ex rel. Dept. of Corporations v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1145.) On review of the briefing and evidence submitted, there is no basis to disqualify Attorney Bailey from representing each defendant. Contrary to Plaintiff's arguments, Attorney Bailey received conflict waivers from Defendants and Plaintiff does not challenge the validity of these waivers. Plaintiff also has not met his burden of showing and sufficiently explaining how Attorney Bailey purportedly committed any crimes and made willful misrepresentations to this Court.

For these reasons, the motion is DENIED.

Defendants raise the fact Plaintiff filed a second motion to disqualify Attorney Bailey and Attorney Gerber set on August 2, 2024. The Court will discuss the impact of this ruling on this second motion with the parties at the hearing.

If the tentative ruling is confirmed without modification, the minute order will be the Court's final ruling.

The Clerk of the Court is ordered to serve notice of this ruling.

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