California Court of Appeal

Denial of motion by defendants to disqualify law firm representing plaintiffs, based on firm's hiring of attorney who previously worked at the law firm that represented defendants, is affirmed where the court: 1) findings are supported by substantial evidence; 2) correctly ruled that the modified substantial relationship test, when met, shifts the burden to the targeted attorney to prove that s/he was not exposed to material confidential information; and 3) did not otherwise abuse its discretion.

Appellate Information

• Decided 01/12/2007
• Published 01/12/2007

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Caswell Bell & Hillison and Russell G. VanRozeboom, Fresno, for Defendants and Appellants., W.J. Smith & Associates and William J. Smith, Fresno, for Plaintiffs and Respondents.