Conservatorship of Rich

Good Law
1996 Cal. App. LEXIS 605·46 Cal. App. 4th 1233·54 Cal. Rptr. 2d 459·96 Daily Journal DAR 7929·96 Cal. Daily Op. Serv. 4846
Court of Appeal of CaliforniaJune 27, 1996A072467California1,488 words

Opinion

Opinion

Kline, J.

In this conservatorship proceeding, the conservatee, Doris M. Rich, filed a notice of appeal from an order of the superior court denying her motion for substitution of attorneys. Respondent, James A. Moore, conservator of Mrs. Rich’s estate, moves to dismiss the appeal on grounds that the order is nonappealable.

Proceedings in the Trial Court

Respondent Moore is the conservator of the person and estate of the 91-year-old Mrs. Rich. Since July 1994, Robert K. Bolt has served as her attorney.

In October 1995 Mrs. Rich filed a motion to substitute Attorney Craig A. Brandt in place of Bolt. The motion was brought by Brandt as “proposed attorney for conservatee,” with an accompanying declaration by Mrs. Rich herself. Moore filed objections and Bolt filed a declaration in opposition to the motion. After a hearing, the motion for substitution was denied. Mrs. Rich appeals the denial of this motion.

Discussion

There are three categories of appealable judgments or orders: (1) final judgments as determined by case law, (2) orders and interlocutory judgments made expressly appealable by statute, and (3) certain judgments and orders that, although they do not dispose of all…

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