Linn

This is an original proceeding in mandamus to determine whether or not a peremptory writ should issue, directing the respondent Judge of the Superior Court of the State of California, in and for the County of Los Angeles, to permit the petitioner to withdraw as attorney of record in a pending action. This proceeding has been submitted upon a stipulation of the facts from which it appears that Otto & Linn were attorneys for Louzena K. Bewley from November 3, 1923, until July 29, 1925, at which time Roy A. Linn, the petitioner, was substituted as sole counsel for Louzena K. Bewley; that during that time the firm of Otto & Linn and Roy A. Linn had spent approximately sixteen days in the preparation and management of the action; that prior to July 29, 1925, the firm of Otto & Linn received the sum of $165 on account of attorneys’ fees; that since July 29, 1925, petitioner has been paid the sum of $200 on account of attorneys’ fees; that on March 19, 1926, petitioner rendered a statement to Mrs. Bewley on the basis that she had agreed to pay $75 per day for the time spent in the preparation and trial of the action; that she has wholly failed to pay Linn any sums except the $365 already…