Employees' Attorneys Not Disqualified From Prosecuting Lawsuit
Ochoa v. Fordel, Inc., 146 Cal. App. 4th 898 (2007)
The employers in this action filed a motion to disqualify the employees’ counsel from prosecuting the action on the ground that one of their attorneys, Shelley G. Bryant, had previously been employed by a law firm representing one of the employers in the lawsuit. The Court applied the “modified substantial relationship test” and determined that confidential information material to the representation in question was not imparted to Bryant before he left the firm, nor was he exposed to any such material during his tenure at the firm.
