CALIFORNIA CLASS ACTION LAW

Category: Termination of Counsel

November 8, 2010

Central District Strikes Opposition Filed by Terminated Former Co-Counsel in Putative Class Action

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In the latest round of an apparent falling out between law firms, the Central District of California struck a terminated firm’s  request to strike the notice of its termination, and considered but did not rule on the remaining firm’s alleged ethics violations.  Yumul v. Smart Balance, Inc., No. CV 10-00927 MMM (AJWx), 2010 WL 4352723 (C.D. Cal. Oct. 8, 2010).

Background

Plaintiff Rebecca Yumul filed a notice of termination of counsel, terminating Beck & Lee Business Trial Lawyers (“Beck & Lee”) as her counsel.  Id. *1. The notice was filed by Beck & Lee’s former co-counsel, the Weston firm (“Weston”), which continues to represent Yumul.  Id. Beck & Lee filed a pleading requesting that the court strike the notice of termination, alleging ethical violations by the Weston, and seeking Weston’s disqualification. Id. Beck & Lee asserts that Weston has filed a suit in the Southern District of California to determine the validity of the Joint Prosecution Agreement (“JPA”) that governed Beck & Lee’s co-counsel relationship with Weston in this and other class actions. Id. Yumul filed an ex parte application to strike Beck & Lee’s filings. Id.

Motion to Strike Terminated Counsel’s Opposition

The court granted plaintiff’s motion to strike Beck & Lee’s opposition to the notice of termination on the grounds that it interferes with her absolute right to discharge her attorney.  Id. Read the rest of this entry »

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September 26, 2010

After a Dispute Among Counsel for a Putative Class Regarding the Sharing of Attorneys Fees, the Northern District Denied a Motion to Terminate Counsel of Record

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The United States District Court for the Northern District of California denied plaintiffs’ motion to terminate its counsel of record and appointed a special master in Red v. Unilever PLC, No. C 10-00387 JW, 2010 WL 3629689 (N.D. Cal. Sept. 14, 2010).  Certain plaintiffs in a class action filed a notice of termination of Beck & Lee and Reese Richman LLP as counsel.  Id. *1.

Background

Plaintiffs allege in the class action that Defendants engaged in false advertising for the product “I Can’t Believe It’s Not Butter!”  Id. Three law firms undertook representation of the named Plaintiffs and the putative class, pursuant to a Joint Prosecution Agreement.  Id. *2.  On August 16, 2010, Mr. Weston, one of Plaintiffs’ attorneys of record, filed a Notice of Termination, effectively moving to terminate the Reese Richman and Beck & Lee firms as co-counsel for Plaintiffs. Id. *1. Two days later, Beck & Lee filed an Opposition to the Notice, charging the Weston Firm with engaging in “a shocking course of unethical and bad faith conduct.” Id. Beck & Lee’s Opposition contended, inter alia, that: Read the rest of this entry »

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