![]() ![]() Fulton and Liu filed a cross-complaint for indemnification and contribution, eventually amending the cross-complaint to add Scaffold as a cross-defendant. ![]() In May 2017, Moreci, represented by Boxer Gerson and Gary Roth, a member of the law firm, filed a personal injury complaint against Fulton and Liu. Starstone was the workers’ compensation carrier for Moreci’s employer and paid Moreci $236,945.97 in benefits. Stockham, in turn, subcontracted with Scaffold to construct sets of temporary scaffolding stairs for the project. (Stockham) to install exterior framing for the project. Fulton subcontracted with Stockham Construction, Inc. (Fulton) and Erik Liu were the general contractor of the construction project and an executive of Fulton, respectively. as a plumber, fell and injured himself at a construction project site when he descended a scaffolding staircase with uneven stair risers. BACKGROUND The Parties and the Pleadings In June 2015, Moreci, while employed by Hydra Ventures, Inc. We reject its claims of error, and we affirm. Starstone appeals, asserting essentially the same arguments in support of standing it had raised below. The trial court held Starstone had no standing to seek the disqualification of counsel and denied the motion. Starstone moved to disqualify Scaffold’s attorneys on the ground they created a conflict of interest by representing Moreci in the underlying action against Scaffold, obtaining a settlement of that action, and then assuming the defense of Scaffold to Starstone’s claims in intervention. Boxer Gerson became associated co-counsel for Scaffold, who then filed an answer to Starstone’s complaint in intervention. Prior to the dismissal of Moreci’s action, Starstone intervened, seeking reimbursement from the defendants for the amount of benefits it had paid to 1 Moreci. As part of the settlement, Moreci agreed to assume the defense of Scaffold for claims arising from Moreci’s accident and pay any resulting judgment. Moreci, while represented by Boxer and Gerson, LLP (Boxer Gerson), filed a personal injury action against third party defendants, including Scaffold. Moreci received workers’ compensation benefits that were paid by Starstone National Insurance Company (Starstone). Vince Moreci sustained work-related injuries assertedly caused by his use of a scaffolding stairwell constructed by Scaffold Solutions, Inc. CGC17558931) SCAFFOLD SOLUTIONS, INC., Defendant and Respondent STARSTONE NATIONAL INSURANCE COMPANY, Intervener and Appellant. Any harm to Scaffold or Moreci stemming from a breach of the duty of loyalty in any way by their attorneys is “of no concern” to Starstone.įiled 9/27/21 Certified for Publication 10/18/21 (order attached) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION TWO VINCE MORECI, Plaintiff, A161193 v. Because disqualification would have no effect on the alleged harms, Starstone sought the wrong legal remedy by bringing a disqualification motion. Starstone Insurance moved to disqualify Boxer, arguing conflict of interest. Boxer became associated co-counsel for Scaffold, which filed an answer to Starstone’s complaint in intervention. Before the dismissal of Moreci’s action, Starstone intervened, seeking reimbursement from the defendants for the benefits it had paid to Moreci. Moreci, while represented by the Boxer law firm, filed a personal injury action against third-party defendants, including Scaffold. Moreci received workers’ compensation benefits, paid by Starstone Insurance. Moreci sustained work-related injuries assertedly caused by his use of scaffolding constructed by Scaffold Solutions. ![]()
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