Torres

Torres v. Friedman

Good Law
169 Cal. App. 3d 880·1985 Cal. App. LEXIS 2332·215 Cal. Rptr. 604
Court of Appeal of CaliforniaJune 28, 1985B009702California2,406 words

Opinion

Opinion

Dalsimer, J.

This case involves the issue whether an attorney who represents a minor through a guardian ad litem may withdraw as counsel of record without prior court approval. We have concluded that he may not.

Because this appeal is from a summary judgment in favor of defendants Nathaniel J. Friedman and Nathaniel J. Friedman, Inc., we state the facts in the light most favorable to plaintiff, Octavio Torres. (See Sukut Construction, Inc. v. Cabot, Cabot & Forbes Land Trust (1979) 95 Cal.App.3d 527, 529 [ 157 Cal.Rptr. 289 ]; Tresemer v. Barke (1978) 86 Cal.App.3d 656, 661-663 [ 150 Cal.Rptr. 384 , 12 A.L.R.4th 27 ].)

On December 28, 1977, Valente Torres, Graciela Torres, and their minor son, Octavio Torres, by Valente Torres as his guardian ad litem sued South Hoover Hospital and various physicians in Torres v. Pilson (Super. Ct. L.A. Co., No. C224916) (hereinafter Pilson) for medical malpractice. The complaint alleged that the defendants were negligent in their care of Graciela Torres both before and during the birth of Octavio Torres and that this negligence caused severe neurological damage to Octavio Torres. Octavio Torres was born on March 27, 1977.

On May 30, 1980,…

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