Addam

Addam v. Superior Court

Good Law
10 Cal. Rptr. 3d 39·116 Cal. App. 4th 368·2004 Cal. App. LEXIS 248·2004 Cal. Daily Op. Serv. 1848
Court of Appeal of CaliforniaFebruary 3, 2004G032386California2,247 words

Opinion

Opinion

Rylaarsdam, J.

We hold that a sibling relationship between a lawyer and the opposing party’s physician is insufficient, standing alone, to preclude the lawyer from representing her client.

FACTS

This marital dissolution action involves the usual disputes concerning custody and visitation. After a seven-year marriage, the parties entered into a marital settlement agreement and obtained a judgment of dissolution in 2001. In January 2003, husband, represented by his lawyer, Therese Ann Accetta, filed an order to show cause seeking to obtain custody of the couple’s three children and other relief. The court ordered the parties to a mediation; the mediation failed to resolve all issues. After further proceedings, the parties signed a “stipulated order on order to show cause.” (Capitalization omitted.) During all these proceedings, husband was represented by Ms. Accetta. A further hearing was scheduled for approximately a month later; the record furnished to us is not clear, but we assume this hearing was scheduled to permit the court to determine those issues raised in the January order to show cause that were still left unresolved. Husband states that, at the time of that hearing, wife…

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