Hollaway

This case touches upon three separate, sensitive relationships—the relationship of parents to their child, an attorney with his client, and the appellate court to the trial court. We decide that after the filing of plaintiff’s notice of appeal, the trial court did not have the power (1) to relieve plaintiff’s parents as her guardians ad litem, (2) to relieve her counsel, Sheldon Deutsch, and (3) to appoint another lawyer as her counsel and guardian ad litem. We also conclude there is an insufficient factual basis to warrant our investigation into any purported conflict of interest between the minor and her parents or between the minor and Mr. Deutsch. We annul the orders of the trial court as being in excess of its. jurisdiction.

Penny Ann Hollaway, an eight-year-old, brain damaged child, suing through her parents, Harry E. Hollaway III, and Terry A. Hollaway, received a $1.5 million jury award against Scripps Memorial Hospital. Sheldon Deutsch was her lawyer. After verdict, Scripps moved to modify the judgment to be payable in installments under Code of Civil Procedure section 667.7. The trial court granted that request and also granted Scripps a new trial unless the…