Elias

Elias v. Jensen CA4/3

Good Law
Court of Appeal of CaliforniaMarch 3, 2022G060098California333 words

Opinion

Opinion

DISCUSSION

In general, an order granting an attorney’s motion to withdraw that does not direct any payment of money or the performance of any act is not appealable. (Messih v. Lee Drug, Inc. (1985) 174 Cal.App.3d 312, 315 (Messih); see also Conservatorship of Rich (1996) 46 Cal.App.4th 1233, 1236 [order denying motion to substitute one attorney for another is not an appealable order].) The order here neither directed payment of money or performance of an act, nor is listed among the orders made appealable under Probate Code sections 1300 and 1304. Thus, the order allowing Gulaya to withdraw is not appealable. The order is reviewable “immediately only by way of a petition for extraordinary writ.” (Messih, supra, 174 Cal.App.3d at p. 315.) We decline to treat the appeal from the attorney withdrawal order as a petition for extraordinary writ because Elias presents no reason for us to do so. (Id. at p. 315, fn. 4; Estate of Weber (1991) 229 Cal.App.3d 22, 25 [“A petition to treat a nonappealable order as a writ should only be under extraordinary circumstances, ‘“compelling enough to indicate the propriety of a petition for writ . . . in the first instance.”’”].) In Elias’s…

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