Cho v. Superior Court

39 Cal. App. 4th 113, 45 Cal. Rptr. 2d 863 (1995)

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Cho v. Superior Court

California Court of Appeal
39 Cal. App. 4th 113, 45 Cal. Rptr. 2d 863 (1995)

Facts

Jennifer Cho (plaintiff) sued Cho Hung Bank in Los Angeles County Superior Court (defendant). Judge Eric Younger presided over the action. Younger held three settlement conferences, during which Cho’s counsel spoke candidly about the strengths and weaknesses of Cho’s case. While Cho’s action was still pending, Younger retired and joined the Graham & James law firm. Two months later, Graham & James began representing Cho Hung Bank in Cho’s action. Graham & James imposed a cone of silence around Younger and circulated a memo directing all Graham & James personnel to avoid discussing Cho’s action around Younger or involving Younger in Cho’s action. Cho’s attorney subsequently learned that Younger had joined Graham & James and moved to disqualify Graham & James from representing Cho Hung Bank. The trial court denied the disqualification motion, noting, among other things, that Graham & James had instituted appropriate screening procedures to ensure that Younger would not be involved in the action. Cho filed a petition for a writ of mandate in the California Court of Appeal to challenge the trial court’s decision.

Rule of Law

Issue

Holding and Reasoning (Epstein, J.)

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