Ederson vs R&R Sober Living

Case No.: 37-2019-00033536-CU-OE-CTL    

Attorney Harvey Berger's unopposed motion to be relieved as counsel for Plaintiff Virgil McGee is granted. (Code Civ. Proc., § 284(2).)

Under agency principles, the client's death terminates the attorney's authority. (Cal. Prac. Guide Prof. Resp. (The Rutter Guide, Dec. 2019), Ch. 10-C, § 10:192 citing Civ. Code, § 2356(a)(2), (3); Rest. 2d Agency § 120; Swartfager v. Wells (1942) 53 Cal.App.2d 522, 527-28.) Given the circumstances, there does not appear to be anything more counsel could do in terms of providing his notice of intention to withdraw.


Counsel shall prepare and submit a completed form order (MC-053), reflecting all appearances at the hearing and all future litigation dates and deadlines, to the Court for signature and approval within five court days of this hearing.

Within five court days of service of the Court's signed form order, Counsel shall then serve notice of this ruling and the signed form order on all parties........