Judge: Nick A. Dourbetas, Case: 2021-01223061, Date: 2022-07-22 Tentative Ruling

Motion to Disqualify Attorney of Record

 

Defendant Phu My Truong’s Motion to Disqualify Plaintiff’s Counsel is DENIED. (See Calif. Rules of Professional Responsibility, rule 3.7(a).)

 

Defendant’s motion is based upon the potential of Plaintiff’s counsel appearing as a witness in violation of Calif. Rules of Professional Responsibility, rule 3.7(a). The rule is not applicable if counsel obtains his/her client’s informed consent to counsel appearing as a witness in this action. Counsel declares that he has obtained such consent. (See Medvei Dec. ¶ 8.)

 

The court has reviewed the criteria for disqualification in (Mills Land & Water Co. v. Golden West Refining Co. (1986) 186 Cal.App.3d 116, 126) and determines that defendant has not shown grounds for disqualification of plaintiff’s trial counsel at this time.

 

Defendant is ordered to give notice.