Legal Opinion

Blue Water Sunset, LLC v. Markowitz

California Court of Appeal

Decided February 2, 2011No. B216392PublishedCited by 18 opinions

1Opinion of the Court

Opinion

ASHMANN-GERST, J.

Blue Water Sunset, LLC (Blue Water), filed a motion to disqualify Attorney Gary Kurtz (Kurtz) from a derivative action during which he briefly represented certain defendants as well as limited liability company plaintiffs1 at the same time. The trial court denied the motion and Blue Water appealed. Pursuant to Forrest v. Baeza (1997) 58 Cal.App.4th 65, 74—75 [67 Cal.Rptr.2d 857] (Forrest), Kurtz should have been disqualified from representing the limited liability company plaintiffs. In reversing in part and affirming in part, we announce a limited exception to the…

2Cases cited18 opinions

  1. People Ex Rel. Deparment of Corporations. v. Speedee Oil Change Systems, Inc.California Supreme Court · 1999
  2. Flatt v. Superior CourtCalifornia Supreme Court · 1994
  3. People v. AlvarezCalifornia Supreme Court · 2002
  4. Paclink Communications International, Inc. v. Superior CourtCalifornia Court of Appeal · 2001
  5. Responsible Citizens v. SUPERIOR COURT OF FRESNO CTY.California Court of Appeal · 1993

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3Cited by18 opinions

  1. Coldren v. Hart, King & Coldren, Inc.California Court of Appeal · 2015
  2. Antelope Valley Groundwater Cases Antelope Valley-east Kern Water Agency v. L. A. Cnty. Waterworks Dist. No. 40, Cross, California Court of Appeal, 5th District2018
  3. Ontiveros v. Constable CA4/1California Court of Appeal · 2016
  4. White v. Experian Information SolutionsDistrict Court, C.D. California · 2014
  5. Chih Teh Shen v. MillerCalifornia Court of Appeal · 2012

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