| Case # | Name | Category | Court | Judge | Published | 
|---|---|---|---|---|---|
| 
 A155106 
 | 
Obbard v. State Bar of California 
 Superior Court of California attorneys are state employees, thus not required to complete the State Bar's continuing legal educational program.  | 
Attorneys | 
 | 
G. Burns | Apr. 30, 2020 | 
| 
 A152442 
 | 
Modification: Jackson v. LegalMatch.com
 Under Business and Professions Code Section 6155, referral occurs when entity engages in act of directing or sending potential client to attorney; thus, LegalMatch engaged in referral activity.  | 
Attorneys | 
 | 
T. Brown | Dec. 19, 2019 | 
| 
 A152442 
 | 
Jackson v. LegalMatch.com 
 Under Business and Professions Code Section 6155, referral occurs when entity engages in act of directing or sending potential client to attorney; thus, LegalMatch engaged in referral activity.  | 
Attorneys | 
 | 
T. Brown | Nov. 29, 2019 | 
| 
 B282129 
 | 
Modification: Sprengel v. Zbylut
 In determining whether an attorney entered into an 'implied' attorney-client relationship to represent the interests of the individual partners of an entity a court must assess the totality of circumstances.  | 
Attorneys | 
 | 
L. Zelon | Nov. 6, 2019 | 
| 
 B282129 
 | 
Sprengel v. Zbylut 
 In determining whether an attorney entered into an 'implied' attorney-client relationship to represent the interests of the individual partners of an entity a court must assess the totality of circumstances.  | 
Attorneys | 
 | 
L. Zelon | Oct. 9, 2019 | 
| 
 16-16179 
 | 
Roberts v. City and County of Honolulu
 The appropriate legal standard for determining the prevailing hourly rate for reasonable attorney's fees is to examine the rates in the local legal community for similar work by comparable attorneys.  | 
Attorneys | 
 | 
J. Rawlinson | Sep. 13, 2019 | 
| 
 B289698 
 | 
Wu v. O'Gara Coach Co., LLC 
 Plaintiff's counsel's firm's founder, having acquired knowledge about playbook information, lacked material connection with plaintiff's claims while president and chief operating officer at defendant's company; thus, firm was not disqualified.  | 
Attorneys | 
 | 
D. Perluss | Aug. 23, 2019 | 
| 
 B289698 
 | 
Modification: Wu v. O'Gara Coach Co., LLC
 Modification  | 
Attorneys | 
 | 
D. Perluss | Aug. 23, 2019 | 
| 
 C085210 
 | 
The Nat. Grange of the Order of Patrons of Husbandry v. California Guild 
 Attorney disqualified for formerly representing an adverse party in the same litigation necessitates vicarious disqualification of the entire firm, regardless of the firm's ethical screening measures.  | 
Attorneys | 
 | 
R. Robie | Aug. 15, 2019 | 
| 
 D075331 
 | 
Doe v. Superior Court 
 Rule 4.2 of the California State Bar Rules of Professional Conduct not violated when attorney's purpose for ex parte communication was to gather relevant evidence provided by an employee against an organizational defendant.  | 
Attorneys | 
 | 
W. Dato | Jun. 17, 2019 | 
| 
 A152375 
 | 
Connelly v. Bornstein 
 Code of Civil Procedure section 340.6, governs malicious prosecution claims against attorneys who perform professional services in the underlying litigation.  | 
Attorneys | 
 | 
M. Simons | Apr. 1, 2019 | 
| 
 H044930 
 | 
Jarvis v. Jarvis 
 Disqualification of attorney representing partnership affirmed; attorney was paid and directed by one partner, his representation may not be in the best interests of Partnership, and he may unnecessarily deplete assets.  | 
Attorneys | 
 | 
M. Greenwood | Mar. 21, 2019 | 
| 
 G054840 
 | 
Martinez v. O'Hara 
 Counsel's use of "succubustic" describing a female judicial officer's ruling and suggesting the judicial officer intentionally refused to follow the law in court papers are reportable misconduct.  | 
Attorneys | 
 | 
R. Fybel | Mar. 4, 2019 | 
| 
 A145037 
 | 
Modification: People v. Landers
 Public defender did not violate reciprocal discovery order; under 'Izazaga v. Superior Court' counsel did not reasonably anticipate it was likely he would call witness because he was undertaking minimal defense.  | 
Attorneys | 
 | 
J. Streeter | Feb. 11, 2019 | 
| 
 17-16020 
 | 
In re Volkswagen "Clean Diesel" Litigation
 If Non-Class Counsel conduct pre-trial activities that do not materially drive settlement negotiations in a class action suit that settles, then they are not entitled to attorneys' fees.  | 
Attorneys | 
 | 
M. Smith | Jan. 23, 2019 | 
| 
 A145037 
 | 
People v. Landers
 Public defender did not violate reciprocal discovery order; under 'Izazaga v. Superior Court' counsel did not reasonably anticipate it was likely he would call witness because he was undertaking minimal defense.  | 
Attorneys | 
 | 
J. Streeter | Jan. 16, 2019 | 
| 
 A150562 
 | 
Strawn v. Morris, Polich & Purdy 
 Prelitigation communications are privileged only when litigation is no longer a mere possibility, but instead when litigation is contemplated in good faith and under serious consideration.  | 
Attorneys | 
 | 
J. Kline | Jan. 8, 2019 | 
| 
 B286730 
 | 
O'Gara Coach Co., LLC v. Ra 
 A law firm that hires a nonlawyer who possesses an adversary's confidences creates a situation, similar to hiring an adversary's attorney who must protect an adversaries client confidences.  | 
Attorneys | 
 | 
D. Perluss | Jan. 8, 2019 | 
| 
 E068348 
 | 
Warren v. Kia Motors America, Inc. 
 When a voluminous fee application is made a court may make across-the-board percentage cuts provided the reason is not to make the fee award roughly proportionate to the damages award.  | 
Attorneys | 
 | 
R. Fields | Dec. 13, 2018 | 
| 
 A151729 
 | 
John Russo Industrial Sheetmetal, Inc. v. City of L.A. Dept. of Airports  
 Party 'prevails in action' for purposes of California False Claims Act fee provision where it wins on the CFCA claim, notwithstanding fact that it failed to prevail entirely as to other claims in the suit.  | 
Attorneys | 
 | 
T. Bruiniers | Nov. 28, 2018 | 
| 
 B277493 
 | 
Schulz v. Jeppesen Sanderson, Inc.
 When determining whether a proposed fee is reasonable, "[t]he court must give consideration to the terms of any representation agreement made between an attorney and the representative of a minor.  | 
Attorneys | 
 | 
F. Rothschild | Oct. 4, 2018 | 
| 
 E068282 
 | 
People v. Espinoza 
 Trial court abused its discretion in denying defendant's motion to withdraw guilty plea because he wasn't sufficiently advised of the severe immigration consequences of his plea, which mandated removal.  | 
Attorneys | 
 | 
D. Miller | Oct. 2, 2018 | 
| 
 A146282 
 | 
Lofton v. Wells Fargo Home Mortgage 
 An experienced trial judge is the best judge of the value of professional services rendered in his or her court.  | 
Attorneys | 
 | 
P. Siggins | Oct. 2, 2018 | 
| 
 D073436 
 | 
People v. Gonzalez
 A motion to withdraw a guilty plea under Penal Code Section 1437.7 was correctly denied where defendant failed to satisfy the first prong of the 'Strickland' test for his claim of ineffective assistance of counsel.  | 
Attorneys | 
 | 
R. Huffman | Oct. 1, 2018 | 
| 
 B283239 
 | 
Bridgepoint Construction Services v. Newton
 Disqualification was automatic when an attorney simultaneously represented one client in a related action and another client in the instant action and the clients had adverse interests.  | 
Attorneys | 
 | 
A. Gilbert | Sep. 6, 2018 | 
| 
 S232946 
 | 
Sheppard, Mullin etc. v. J-M Manufacturing Co., Inc.
 'Informed consent' of simultaneous dual representation can be effected only where firm discloses 'all material facts' that are known and can be revealed; more general conflicts waiver at issue was inadequate. Nonetheless quantum meruit recovery 'not categorically barred.'  | 
Attorneys | 
 | 
L. Kruger | Aug. 31, 2018 | 
| 
 G055469 
 | 
Fluidmaster v. Fireman's Fund Ins. Co.
 Case remanded under 'Kirk v. First American Title Ins. Co.' for reevaluation where disqualified attorney departs from mega-firm during pendency of appeal.  | 
Attorneys | 
 | 
W. Bedsworth | Jul. 26, 2018 | 
| 
 C081957 
 | 
Fisher v. State Personnel Board
 Dismissal of administrative law judge not abuse of discretion where substantial evidence shows wrongful conduct was egregious, and such 'ethical lapse[s] antithetical to his role as an administrative law judge' were likely to be repeated.  | 
Attorneys | 
 | 
A. Hoch | Jul. 9, 2018 | 
| 
 D072577 
 | 
Modification: Abbott Laboratories v. Superior Court
 Pursuant to the California Constitution, a District Attorney has no authority to sue on behalf of all Californians; DA merely has jurisdiction over the County he or she serves.  | 
Attorneys | 
 | 
T. O'Rourke | Jun. 28, 2018 | 
| 
 16-55024 
 | 
Shame On You Productions v. Banks
 District court has discretion to award full costs and fees in a copyright action' pursuant to 17 U.S.C. Section 505  | 
Attorneys | 
 | 
M. Smith | Jun. 22, 2018 | 
