ABDALLAH ELHANIA ET AL VS. AIRBNB, INC. ET AL
Case Information
Motion(s)
Notice Of Motion To Disqualify Defense Law Firms
Motion Type Tags
Other
Parties
- Plaintiff: ABDALLAH ELHANIA
- Plaintiff: ZAHRA ELMENJAOUI
- Defendant: AIRBNB, INC.
Ruling
Real Property/Housing Court Law and Motion Calendar for June 13, 2025 line 3. PLAINTIFF ABDALLAH ELHANIA, ZAHRA ELMENJAOUI NOTICE OF MOTION TO DISQUALIFY DEFENSE LAW FIRMS is DENIED without prejudice.
Plaintiff's motion is a discovery motion masked as a motion to disqualify. Underlying Plaintiff's grounds to disqualify counsel are allegations that Defense counsel issued subpoenas without serving Plaintiff either at all or improperly, in violation of CCP sections 2025.240(a) and 1987.5. Plaintiff further claims that the records received as a result of those subpoenas are confidential under Welfare & Institutions Code section 827(a) and cannot be obtained via a subpoena. Defendants deny any claims they violated their discovery obligations.
Department 501 is not in a position to rule on the motion to disqualify based on alleged violations of the Discovery Act unless Plaintiff first obtains rulings adjudicating the underlying discovery disputes in the proper department. Plaintiff should file a motion under the Civil Discovery Act with Department 302 in the first instance. Based on that outcome and if appropriate, Plaintiff is welcome to re-file their motion to disqualify in Dept. 501 at that time. =(501/CFH)
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Parties who intend to appear at the hearing must give notice to opposing parties and the court promptly, but no later than 4:00 p.m. the court day before the hearing unless the tentative ruling has specified that a hearing is required. Notice of contesting a tent ative ruling shall be provided by sending an email to the court to Department501ContestTR@sftc.org with a copy to all other parties stating, without argument, the portion(s) of the tentative ruling that the party contests. A party may not argue at the hearing if the opposing party is not so notified and the opposing party does not appear. | |