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Edenbaum v. Dalton11/6/2002
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
Attorney Andrew J. Edenbaum sued his former employee, attorney John Dalton, on multiple theories after Dalton left Edenbaum's firm and took a number of clients with him. Edenbaum appeals a summary judgment in favor of Dalton, contending there were triable issues of fact that precluded summary judgment. Edenbaum also contends the trial court erred in denying his request for a continuance pending further discovery and his motion for reconsideration. We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
Edenbaum has practiced law for a quarter of a century, primarily representing plaintiffs in personal injury and sexual harassment and discrimination cases. In 1994, Edenbaum met Philip E. Kay, a nationally prominent trial attorney specializing in sexual harassment cases, and they became friends. The two discussed the possibility of working together on a sexual harassment case, with Kay handling the trial.
In August 1995, Edenbaum hired Dalton as his law clerk. After Dalton passed the California bar examination, Edenbaum hired him as an associate attorney in late 1996. On December 4, 1998, Dalton resigned and started his own law practice.
During his time as Edenbaum's associate attorney, Dalton worked on the following cases which are pertinent to this appeal:
The Gober Action
In May 1996, Edenbaum learned that Dianne Gober was interested in retaining an attorney to sue Ralphs Grocery Company (Ralphs) for sexual harassment. Edenbaum and Kay discussed the matter and they agreed Edenbaum should pursue the matter with Kay becoming lead counsel if Gober retained them. In June 1996, Gober and another Ralphs' employee, Sarah Lang, retained Edenbaum and Kay to sue Ralphs and executed contracts that provided Edenbaum and Kay would equally share the costs incurred and the attorney fees earned. Eventually, four other female Ralphs' employees (Tina Swann, Talma Noland, Suzanne Papiro and Terrill L. Finton) joined the lawsuit as plaintiffs, and signed contracts with Kay and Edenbaum under the same terms as Gober and Lang had. The plaintiffs will be referred to collectively as the Gober plaintiffs.
In March 1998, just before trial was scheduled to begin, Kay told Edenbaum for the first time that he wanted Dalton rather than Edenbaum to second chair the trial. During the trial, Kay told Edenbaum he did not want him in the courtroom and threatened to sue him for malpractice if he showed up.
On June 1, 1998, the jury awarded the Gober plaintiffs $550,000 in compensatory damages and $3,325,000 in punitive damages. In December 1998, following Dalton's resignation, the Gober plaintiffs substituted out Edenbaum and substituted in Dalton as their attorney.
The Sanders Action
Edenbaum met Lori Sanders in February 1998 in conjunction with the Gober lawsuit in which Sanders was to testify. Edenbaum helped Sanders, who had her own claims against Ralphs, prepare a Department of Fair Education and Housing (DFEH) complaint. Sanders told Edenbaum that after the jury rendered its verdict in the Gober case Kay had telephoned, asking her to retain him as her sole counsel against Ralphs. Sanders also said Kay told her that Edenbaum was inexperienced and incompetent and she did not owe any loyalty to him.
On June 7, 1998, Sanders retained Edenbaum, who file
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