Khani
Khani v. Ford Motor Company
Opinion
Opinion
Epstein, J.
Behnam Khani and his trial counsel, Payam Shahian and Strategic Legal Practices, appeal from an attorney disqualification order. We reverse.
FACTUAL AND PROCEDURAL SUMMARY
On August 11, 2011, Khani, represented by Shahian and his law firm, Strategic Legal Practices, sued Ford Motor Company (Ford) and its dealer, Galpin Motors, Inc., under the Song-Beverly Consumer Warranty Act (Civ. Code, § 1790 et seq., popularly known as California’s “lemon law”) for defects in a 2008 Lincoln Navigator. On September 16, 2011, Ford’s counsel sent a letter to Shahian, requesting his withdrawal from the litigation on the ground that he previously had defended Ford in lemon law cases. On October 4, 2011, Shahian responded, refusing to withdraw.
On December 31, 2011, Ford filed a motion to disqualify Shahian and his law firm. The motion was accompanied by the declaration of Brian Takahashi, a partner at the law firm Bowman and Brooke, which employed Shahian between June 2004 and July 2007. Bowman and Brooke was Ford’s corporate counsel, and during his tenure there Shahian worked on 150 cases, including California lemon law cases. According to Takahashi, Shahian was “privy to confidential…