Case Number: BC532786    Hearing Date: July 30, 2014    Dept: 56

Case Name: Flores v. Brown, et al.
Case No.: BC532786
Matter: (1) Demurrer; (2) Motion to Recuse Attorney

Tentative Ruling: Demurrer is sustained; Motion to recuse is denied.

Plaintiff Amanda Flores filed this action against Defendants Michael Brown and his law firm Michael Brown APLC, alleging failure to pay a fee for Plaintiff’s legal work. Brown filed a cross-complaint against Amanda, Orange Grove Service Inc. (OGSI) and its principals Arturo and Diana Flores (Amanda’s parents), for indemnity and interference with contractual relations.

Demurrer –
OGSI, Arturo, and Diana demur to the amended cross-complaint on the grounds that it fails to allege facts as to how OGSI shares liability and that a settlement agreement releases Arturo and Diana of any liability. Brown does not oppose but request leave to amend. The demurrer is sustained with 30 days leave to amend.

Motion to Recuse –
Amanda, OGSI, Arturo and Diana move to recuse Brown from representing his law firm on the grounds that Brown is a critical witness and his dual representation of himself and his law firm raises a conflict of interest and threatens the integrity of the judicial process.

The motion is denied. Disqualification is a drastic course of action that applies in extraordinary circumstances. See Rousch v. Seagate (2007) 150 Cal.App.4th 210, 218-19. Nothing like that is involved here. Brown is an attorney who practices as a sole practitioner through his firm. There is no evidence of any conflict of interest or how the moving parties have standing to assert one, and Brown’s testimony is a matter for determination at trial. See RPC 5-210.