Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

U.S. Equal Employment Opportunity Commission v. Bay Club Fairbanks Ranch, LLC

United States District Court, S.D. California

November 6, 2019

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff,
v.
BAY CLUB FAIRBANKS RANCH, LLC d/b/a Fairbanks Ranch Country Club, Inc., Defendants.

Page 803

          Anna Y. Park, Sue J. Noh, Jennifer L. Boulton, Natalie Nardecchia, U.S. Equal Employment Opportunity Commission, Los Angeles, CA, Connie K. Liem, Lauren Nicole Crosby, U.S. Equal Employment Opportunity Commission, San Diego, CA, for Plaintiff.

Page 804

          Kathryn Boyd Fox, Tracy Anne Warren, J. Patrick Allen Allen, Buchalter, APC, San Diego, CA, for Defendant Bay Club Fairbanks Ranch, LLC.

          Amy K. Jensen, Jim Douglas Newman, The Hanover Law Office, Glendale, CA, for Defendant Fairbanks Ranch Country Club, Inc.

         ORDER GRANTING PLAINTIFF'S MOTION TO DISQUALIFY COUNSEL

         Hon. Thomas J. Whelan, United States District Judge.

         Pending before the Court is Plaintiff U.S. Equal Employment Opportunity Commission's ("EEOC") motion to disqualify one of Defendant Bay Club Fairbanks Ranch, LLC d/b/a Fairbanks Ranch Country Club's ("Bay Club") attorneys. Bay Club opposes. The Court decides the matter on the papers submitted and without oral argument. See Civ. L.R. 7.1(d.1). For the following reasons, the Court GRANTS the motion [Doc. 40].

         I. INTRODUCTION

         Defendant Bay Club is represented in this lawsuit by attorneys from Buchalter APC, and attorney Mark Koorenny of the Koorenny Law Group. Koorenny has served as Bay Club's general counsel since 2009. (Koorenny Decl. [Doc. 49-2] ¶ 2.)

         In its motion, Plaintiff EEOC seeks to disqualify Koorenny under California Rule of Professional Conduct 3.7(a), which restricts an attorney's ability to act as an advocate in a case where the attorney will also be a witness. (P & A [Doc. 40-1] 1:7-9.) Bay Club opposes the motion on the basis that (1) the EEOC unreasonably delayed in filing the motion, (2) Bay Club will suffer substantial prejudice, (3) it is unclear whether Koorenny will testify at trial, and (4) it has consented to Koorenny's dual role as attorney and witness. For the reasons that follow, the Court will grant the EEOC's motion.

         II. LEGAL STANDARD

         "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." Kennedy v. Eldridge, 201 Cal.App.4th 1197, 1204, 135 Cal.Rptr.3d 545 (2011) (alterations in original). "[D]isqualification motions involve a conflict between the clients' right to counsel of their choice and the need to maintain ethical standards of professional responsibility." Id. "The paramount concern must be to preserve public trust in the scrupulous administration of justice and the integrity of the bar." Id. "The important right to counsel of one's choice must yield to ethical considerations that affect the fundamental principles of our judicial process." Id.

         III.&#1 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.