Memarzadeh
Memarzadeh v. Cohen CA2/1
Opinion
Opinion
BACKGROUND
1. Complaint, demurrers, and motions to disqualify On May 1, 2018, Memarzadeh filed a complaint against Cohen, his former counsel, for legal malpractice, breach of fiduciary duty, fraud under theories of misrepresentation and concealment, breach of contract, and breach of the implied covenant of good faith and fair dealing. Following a series of demurrers, rulings, and amended complaints, the only causes of
2 action remaining were breach of fiduciary duty, breach of contract, and breach of the implied covenant of good faith and fair dealing, and the trial court, Judge Robert B. Broadbelt, III presiding, emphasized those causes of action remained viable only insofar as they alleged that Cohen overbilled Memarzadeh. The court sustained Cohen’s demurrer to the legal malpractice and fraud causes of action without leave to amend. The court denied Memarzadeh’s subsequent motion for reconsideration. On August 1, 2022, Memarzadeh, then in pro per, electronically filed a declaration purportedly in support of a “concurrently filed motion to disqualify” Judge Broadbelt (capitalization omitted), although Memarzadeh did not file a concurrent motion. As we shall address in more…