California, United States of America
The following excerpt is from Earl Scheib, Inc. v. Superior Court for Los Angeles County, 253 Cal.App.2d 703, 61 Cal.Rptr. 386 (Cal. App. 1967):
It is true that in Marco v. Dulles, supra (169 F.Supp. p. 632), the court said that a motion to disqualify is of an equitable nature, and that 'A party making such a motion should do so with reasonable diligence and promptness after the facts have become known to it. There is no indication here that the facts were not at all times fully known to the moving party or to its predecessor in interest.' The motion there was denied. In that case, however, the court considered the fact that the same causes of action had been in litigation over a period of more than twenty years. 'Viewed in that light the inordinate and unexplained delay in moving to oust counsel who have consistently represented these defendants
Page 391
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.