Perez
Perez v. Dimenco CA3
Opinion
Opinion
Robie, J.
DISCUSSION
Defendant argues the trial court erroneously disqualified Kroloff from representing her. We disagree.
2 “ ‘Whether an attorney should be disqualified is a matter addressed to the sound discretion of the trial court. [Citations.] In exercising that discretion, the trial court is required to make a reasoned judgment [that] complies with the legal principles and policies applicable to the issue at hand. [Citation.] Discretion will thus be deemed to have been abused if the trial court fails to exercise discretion where such exercise is required.’ ” (National Grange of Order of Patrons of Husbandry v. California Guild (2019) 38 Cal.App.5th 706, 714 (National Grange).) Under rule 1.9(b) of the State Bar Rules of Professional Conduct (rule 1.9(b)), “A lawyer shall not knowingly represent a person in the same or a substantially related matter in which a firm with which the lawyer formerly was associated had previously represented a client [¶] (1) whose interests are materially adverse to that person; and [¶] (2) about whom the lawyer had acquired information protected by [specified confidentiality provisions] that is material to the matter; [¶] unless the former client gives…