Daniel

I. FACTS AND PROCEDURAL BACKGROUND

On September 5, 2010, Daniel retained Spellman to represent him in two cases for

wrongful foreclosure, brought against two separate banks. For reasons that are a matter

of some dispute between the parties, and that are irrelevant to the present appeal,

Spellman subsequently brought an ex parte motion to be relieved as counsel in one of the

cases, with the intention of filing a similar motion in the second case shortly thereafter.

Spellman’s motion was heard on June 14, 2011, and was granted.

Later, on June 14, 2011, Spellman filed a petition for a civil harassment restraining

order against Daniel. Spellman’s asserted basis for the restraining order was disturbing

and threatening behavior by Daniel, beginning when she first requested he consent to her

Further undesignated statutory references are to the Code of Civil Procedure.

We address Daniel’s other pending appeal (case No. E060026), from an order issued in an action brought by Spellman seeking a civil harassment restraining order (Super. Ct. case No. CIVRS1105739), in a separate opinion.

3 Spellman was relieved as counsel in the second case in which she represented Daniel…