The following excerpt is from U.S. Equal Emp't Opportunity Comm'n v. Bay Club Fairbanks Ranch, LLC, 437 F.Supp.3d 802 (S.D. Cal. 2019):
Third, courts should consider the possibility the moving party is using the motion to disqualify for purely tactical reasons. Smith, at 581, 70 Cal.Rptr.2d 507 (quoting Comden v. Superior Court, 20 Cal.3d at 915, 145 Cal.Rptr. 9, 576 P.2d 971 ). This consideration is important because if counsel was "able to disqualify opposing counsel simply by calling them as witnesses, it would pose the very threat to the integrity of the judicial process that [motions to disqualify] purport to prevent. " Id. (citation omitted).
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