OCHOA v. FORDEL , INC
Trial court correctly ruled that modified substantial relationship test, when met, shifts burden to the targeted attorney to prove that he or she was not exposed to material confidential information, as opposed to proving that he or she had no opportunity to acquire confidential information. In denying defendants' attorney disqualification motion, substantial evidence supported court's finding that targeted attorney, who formerly worked for law firm representing defendants, carried his burden of proving that confidential information material to plaintiffs' lawsuit was not imparted to him at luncheon meetings he attended at former firm during the initial stages of case where attorney's declaration stated the case was not discussed at the meetings he attended; former colleague's declaration stated he did not recall whether the attorney attended any lunch meetings where case was discussed; and declarations showed attorney viewed documents relevant to case on computer only after they had been filed and served.
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