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Case Name Schechter v. Nissanoff
Date 02/20/2008
Note [Unpublished] Eisenberg demonstrated, and the trial court found, he was not exposed to confidential information when he worked at Hollins. Accordingly, the denial of Hollins's motion to disqualify would have been proper under the modified substantial relationship test, which presumes access to confidential information.
Citation G038436
WCC Citation WCC 33202008 CA
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE HOLLINS SCHECHTER, APC, Plaintiff and Appellant, v. JONATHAN NISSANOFF et al. , Defendants and Respondents. *fn1 Hollins represented Jonathan Nissanoff, M. D. , and San Diego Advanced Orthopedic Center (collectively Nissanoff) "in the case [entitled] Nissanoff v. Arruda, et al. ; Arruda v. Nissanoff, et al" (the Arruda matter) from "approximately 2004 to 2006. "Nissanoff apparently failed to pay Hollins for its services and, in August 2006, Hollins filed a complaint against Nissanoff to recover unpaid legal fees. Day Eisenberg contended disqualification was unnecessary because Eisenberg did not act as counsel for Nissanoff while he worked at Hollins and because there was no similarity between the Arruda matter and Hollins's attempt to recover legal fees from Nissanoff. Hollins also submitted the declaration of a woman who stated she and Eisenberg had dinner with Nissanoff in 2004 where it was her "recollection that legal issues involving Nissanoff were discussed .

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