Mossanen

This is an action for medical malpractice, brought on behalf of Mateen Mossanen, a minor. The minor’s mother, Elizabeth Mossanen, acted as his guardian ad litem, and also sued in her individual capacity. The trial court granted a motion to withdraw by counsel for plaintiffs. While plaintiffs were attempting to retain new counsel, the defendants, Amir H. Monfared and his medical corporation, brought a motion for summary judgment. Plaintiffs were unable to retain new counsel. They filed a dismissal of their action without prejudice, but the trial court granted defendants’ motion to vacate the dismissal. The trial court then granted the motion for summary judgment and entered judgment for defendants.

Elizabeth Mossanen settled her individual action and is not a part of this appeal. Mateen, the minor, appeals through Mrs. Mossanen as his guardian ad litem. His appeal is from the judgment in favor of defendants and from the trial court’s order vacating the dismissal. He argues the judgment must be reversed because the trial court abused its discretion in permitting his counsel to withdraw before new counsel had been obtained, and in vacating the dismissal without…