Robert Price v. Costco Wholesale Corporation

Summary

The United States District Court for the Eastern District of California denied Costco Wholesale Corporation’s motion to disqualify Downtown L.A. Law Group from representing Robert Price. The court found that the prior representation by DTLA Law attorney Anthony Werbin was substantially related to the present premises-liability action and that Werbin would be disqualified individually. However, the court concluded that DTLA Law timely and effectively screened Werbin, so his disqualification was not imputed to the firm.

Holdings

1. The court granted Costco's request for judicial notice because the documents had a direct relation to matters at issue, but judicial notice was limited to the existence of the documents and proceedings, not the truth of assertions contained in them.
2. Werbin's prior representation of Costco was substantially related to Price's current premises-liability action, so Werbin would be disqualified from representing Price and his possession of material confidential information was presumed.
3. Werbin's disqualification was not imputed to Downtown L.A. Law Group because the firm established that it timely and effectively screened him from the matter.

Questions Presented

1. Whether Werbin's prior representation of Costco was substantially related to the present premises-liability action such that Werbin himself would be disqualified.
2. Whether Werbin's disqualification was imputed to Downtown L.A. Law Group under California Rule of Professional Conduct 1.10.
3. Whether the court should take judicial notice of the identified court documents and prior declaration, and if so, for what purpose.

Disposition

other