Schimmel

Schimmel v. Levin

Caution
125 Cal. Rptr. 3d 506·195 Cal. App. 4th 81·2011 Cal. App. LEXIS 542·11 Cal. Daily Op. Serv. 5403
Court of Appeal of CaliforniaMay 5, 2011No. C063214California1,929 words

Opinion

Lead Opinion

Raye, J.

After the trial court found Attorney Kelli M. Kennaday possessed plaintiff Leon Schimmel’s confidential material information in a *83 prior action, the court disqualified Kennaday and her firm, Wilke, Fleury, Hoffelt, Gould & Bimey, LLP (Wilke Fleury), from its representation of Harris Levin, Community Health Associates Multispecialty Medical Group, Inc., and various other defendants (collectively, Community Health). The court struck Community Health’s petition to compel arbitration, filed by Kennaday, and granted it 60 days to refile the petition. Community Health appeals, arguing the trial court erred in disqualifying Wilke Fleury, and rather than striking the petition, the trial court should have ruled on the petition prior to the later-filed disqualification motion. We shall affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

The Parties

Community Health is a professional corporation of medical doctors who provide medical services to patients of Sutter Health, Inc. Schimmel, a physician, began working for Community Health in 1993. Schimmel was responsible for providing medical services in the obstetrics and gynecology department. Levin was the president and…

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