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Attorney Adam Wang swung both ways, which resulted in being cut off from representation.
A Perfect Day Franchise Inc asked Wang for a hand with some labor matters, but never actually retained Wang. The supposed "franchise" was a group of nail salons which charged immigrants a fee to become "independent contractors" at one of the salons. Subsequently, the salon workers realized they had been scammed, and sued for violation of California labor law. Their attorney then deposed Perfect Day Franchise manager Jun Ma.
Imagine the surprise when Ma walked in for his deposition and on the opposite side of the table was none other than... Adam Wang! Ma, Wang, and other attorneys proceeded with the deposition. Later, Ma told Richard Wahng, the new attorney for Perfect Day Franchise, about the prior representation.
Wahng hit Wang hard with a motion to remove Wang from the case, along with Wang's co-counsel Whitney Huston.
Judge Lucy Koh got so emotional:
[T]his court finds that the consultation between Wang and Perfect Day was such that confidential information normally would have been imparted to the attorney. Even more disturbing is the evidence on the record of Wang's willingness to use confidential information he obtained from the preliminary consultation with Perfect Day to Plaintiff's advantage in this litigation.
Guifu Li et al v. A Perfect Day Franchise et al, N.D. California, October 4, 2011
|A Perfect Day Franchising COMPL.pdf||159.04 KB|