Sabrina
06-01-2011, 11:31 AM
[ CARRQ is "Citizens Advocating for Roblar Rural Quality/Citizens Against Roblar Rock Quarry" - more information about this is here: https://www.carrq.org/ - Barry]
Motion to Dismiss CARRQ's Attorney Tentatively Denied - Barella has appealed - New Hearing scheduled for June 8
Good news - Today Judge Daum issued a tentative ruling denying John Barella's motion to disqualify Morgan Lewis as CARRQ's attorney!
Congratulations to Michael and Morgan Lewis for standing by us and arguing this motion. The hearing on the motion scheduled for June 1 is now cancelled.
Barella is not happy with this outcome and his attorney has requested a hearing on the tentative ruling, now scheduled for Wednesday, June 8 at 3:00 p.m. in Superior Court (on Cleveland Avenue in the Empire College complex), Department 16.
CARRQ has tentatively won the first round on this issue. However, the judge could still be swayed by arguments presented by Barella's attorney at the hearing on June 8, so it is still important for CARRQ supporters to attend that hearing.
Judge Daum's ruling affects two cases. The excerpt of the ruling from the Superior Court web site is below:
6. 248943 - Citizens Advocating v. County of Sonoma Real Party in Interest John Barella's motion to disqualify Counsel is denied. Mr. Barella was never a client of Morgan, Lewis & Bockius LLP. Even if Mr. Barella gave personal confidential information to a partner of the firm in January of 2009, such information was not related to the dispute in this case. Real Party In Interest will suffer no harm if this motion is denied. However, Petitioner will suffer harm if this motion is granted because it is unlikely that it will find another law firm to take its case on a pro bono basis.
If oral argument is requested, it will be heard on Wednesday, June 8, 2011 at 3:00 p.m. in Department 16.
7. 249021 - Tresch v. County of Sonoma Agricultural Preservation and Open Space Real Party in Interest John Barella's motion to disqualify Counsel is denied. Mr. Barella was never a client of Morgan, Lewis & Bockius LLP. Although Mr. Barella spoke to Mr. Stephen Finn of the firm, Mr. Barella did not personally retain the firm and did not give Mr. Finn any confidential information that was substantially related to the dispute in this case.
If oral argument is requested, it will be heard on Wednesday, June 8, 2011 at 3:00 p.m. in Department 16.
Motion to Dismiss CARRQ's Attorney Tentatively Denied - Barella has appealed - New Hearing scheduled for June 8
Good news - Today Judge Daum issued a tentative ruling denying John Barella's motion to disqualify Morgan Lewis as CARRQ's attorney!
Congratulations to Michael and Morgan Lewis for standing by us and arguing this motion. The hearing on the motion scheduled for June 1 is now cancelled.
Barella is not happy with this outcome and his attorney has requested a hearing on the tentative ruling, now scheduled for Wednesday, June 8 at 3:00 p.m. in Superior Court (on Cleveland Avenue in the Empire College complex), Department 16.
CARRQ has tentatively won the first round on this issue. However, the judge could still be swayed by arguments presented by Barella's attorney at the hearing on June 8, so it is still important for CARRQ supporters to attend that hearing.
Judge Daum's ruling affects two cases. The excerpt of the ruling from the Superior Court web site is below:
6. 248943 - Citizens Advocating v. County of Sonoma Real Party in Interest John Barella's motion to disqualify Counsel is denied. Mr. Barella was never a client of Morgan, Lewis & Bockius LLP. Even if Mr. Barella gave personal confidential information to a partner of the firm in January of 2009, such information was not related to the dispute in this case. Real Party In Interest will suffer no harm if this motion is denied. However, Petitioner will suffer harm if this motion is granted because it is unlikely that it will find another law firm to take its case on a pro bono basis.
If oral argument is requested, it will be heard on Wednesday, June 8, 2011 at 3:00 p.m. in Department 16.
7. 249021 - Tresch v. County of Sonoma Agricultural Preservation and Open Space Real Party in Interest John Barella's motion to disqualify Counsel is denied. Mr. Barella was never a client of Morgan, Lewis & Bockius LLP. Although Mr. Barella spoke to Mr. Stephen Finn of the firm, Mr. Barella did not personally retain the firm and did not give Mr. Finn any confidential information that was substantially related to the dispute in this case.
If oral argument is requested, it will be heard on Wednesday, June 8, 2011 at 3:00 p.m. in Department 16.