Motion to Disqualify Counsel Tamineh Roshanian and Roshanian Payman PC as Counsel
2025CUWT056925: STEVE RANDALL vs NATREN INC 08/11/2026 in Department 43 Motion to Disqualify Counsel Tamineh Roshanian and Roshanian Payman PC as Counsel
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Motion: Plaintiffs Motion to Disqualify Counsel
Tentative Ruling: Plaintiffs Motion to Disqualify Counsel is GRANTED.
The First Amended Complaint alleges the direct involvement of Defendants counsel Tamineh Roshanian in the dispute. (FAC §§11,14, 20, 24-27, 33, and 70). The fact that others might be able to testify to some of the issues and documents does not diminish Ms. Roshanians presence as a percipient witness and the high likelihood that her testimony is genuinely needed. (See Doe v. Yim (2020) 55 Cal.App.5th 573, 583
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Roshanians dual role. (Rules Prof. Conduct, rule 3.7(a)(3).) However, even if there was consent or waiver, the court retains discretion to disqualify a lawyer who both testifies and serves as an advocate, to protect the trier of fact from being misled or the opposing party from being prejudiced. (See, e.g., Lyle v. Superior Court (1981) 122 Cal.App.3d 470.) There is a substantial risk that the trier of fact could be misled into accepting argument or commentary as evidence based on Ms.
2025CUWT056925: STEVE RANDALL vs NATREN INC
Roshanians percipient knowledge, particularly when a jury trial is demanded by one of parties. (See Doe at 585.)
The court is also concerned about the integrity of the judicial process in allowing an attorney to act in a dual role as advocate and witness. The court does not find that this motion (brought within seven months of the filing of the action) was brought tactically or unfairly. Nor does the court see any reasonable possibility of sequestering the advocate given the small size of Ms. Roshanians firm. The disqualification applies to bar Ms. Roshanian and members of her firm from participating as advocates in this consolidated matter.
Moving party is ordered to serve notice of the Courts ruling.
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