Ochoa

Plaintiffs brought an employment discrimination and wrongful termination lawsuit against three corporations and one individual. Defendants moved to disqualify the law firm representing plaintiffs because that firm hired an attorney who previously worked at the law firm that represented defendants. Applying the modified substantial relationship test, the superior court found that the targeted attorney had carried his burden of proving that confidential information material to plaintiffs’ lawsuit was not imparted to him. Accordingly, the superior court denied the motion.

Two defendants appeal, claiming (1) the superior court’s findings of fact were not supported by substantial evidence, (2) the superior court failed to consider and analyze material facts, (3) the superior court committed legal error in analyzing the firm-switching attorney’s opportunity for acquiring confidential information while at his former law firm, and (4) the superior court erroneously denied their request to depose the firm-switching attorney.

We conclude (1) the superior court’s findings are supported by substantial evidence, (2) the superior court correctly ruled that the modified substantial…