Friday, February 19, 2010

Miller, Jane Kingsley v. City of Carmel-by-the-Sea (M99513): New Attorney for City & Judge Larry Hayes’ Reasons for Denying City’s Motion to Disqualify Jane Miller’s Attorney

ABSTRACT: Highlights of a news article entitled ‘GOOD OLD LAWYERS: Carmel dumps S.F. lawyers for local defense on Miler case’, by Kera Abraham, the Monterey County Weekly, are presented, particularly the reasons cited by Judge Larry Hayes for denying the city’s motion to disqualify attorney Michael Stamp from representing on-leave Human Resources Manager Jane Miller.

On January 15, 2010, the City filed with the court a counsel substitution; substituting attorney Richard Harray, Kennedy, Archer & Harray, for Richard Bolanos/Suzanne Solomon, Liebert Cassidy Whitmore. The substitution occurred after Judge Larry Hayes denied the City's motion to disqualify attorney Michael Stamp from representing on-leave Human Resources Manager Jane Miller on December 18, 2009.

Judge Larry Hayes’ reasons for denying the City motion, as follows:
"One: LCW didn’t prove Stamp’s prior work for Carmel gave him confidential info related to the case.”

“ Two: The city implied consent because it waited six years – Stamp began representing Carmel employees in 2003 – before bringing up a conflict.”

“Three: Miller retained Stamp in May 2008; LCW didn’t object until September 2009.”

“Four: LCW didn’t even interview the city’s own counsel, Don Freeman, about Stamp’s history with the city – an omission Hayes calls “disingenuous,” specifically directing the jab at LCW.”

A Case Management Conference for Miller, Jane Kingsley vs. City of Carmel-by-the-Sea (M99513)is scheduled for April 2, 2010 at 8:45 A.M., Courtroom 4, Salinas Courthouse Complex.

(Source: Good Old Lawyers: Carmel dumps S.F. lawyers for local defense on Miller case, Kera Abraham, The Monterey County Weekly, February 11, 2010.)

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