Whittier Union High School District v. Superior Court of Los Angeles County

Petition by Whittier Union High School District for writ of mandate to vacate a superior court order setting aside a voluntary dismissal of a complaint for personal injuries.

In July 1973 John C. Carroll, his mother, and father, all represented by Attorney Pierovich, filed an action for damages for personal injuries to John against Whittier Union High School District (District) and others as defendants. The complaint alleged that in October 1972 in the course of a high school football practice tackling drill, the son sustained serious and crippling injuries to his spinal cord as a result of District’s negligence. In September 1974, without the knowledge or consent of his clients, Pierovich purported to settle the action against District, its officers, and agents for $30,000. His clients remained ignorant of the settlement and received none of the proceeds. Settlement was effected by means of forged signatures of the three Carrolls on a release and indemnity agreement and by forged endorsements of the Carrolls on a draft for $30,000 delivered by the insurer of District to Pierovich. In November 1974 Pierovich dismissed the action with prejudice. Pierovich has since been…