Jackson v. Chevron U.S.A. CA2/5

Filed 11/16/15 Jackson v. Chevron U.S.A. CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

LIONEL JACKSON, B258665

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. YC067977) v.

CHEVRON U.S.A., INC.,

Defendant and Respondent.

APPEAL from an order of the Superior Court of Los Angeles, Laura C. Ellison, Judge. Dismissed. AlderLaw, Michael Alder, Lyssa A. Roberts, Jaclyn L. Anderson, for Plaintiff and Appellant. Sedgwick, Philip R. Cosgrove, Hall R. Marston, Ryan E. Cosgrove, for Defendant and Respondent. ________________________

AlderLaw, P.C., is one of the former attorneys for Lionel Jackson, a plaintiff in a civil action. Sanctions were imposed by the trial court against AlderLaw and the Law Offices of David H. Greenberg, but not against Jackson. A notice of appeal was filed from the sanctions order, with only Jackson identified as the appealing party. We dismiss the appeal because (1) AlderLaw’s attempt to amend the notice of appeal to name itself as the appealing party is untimely and ineffective, and (2) Jackson lacks standing to appeal the sanctions order against AlderLaw.

FACTUAL AND PROCEDURAL BACKGROUND

The underlying action and events leading up to the trial date

Jackson filed suit against Chevron U.S.A., Inc. and other defendants on November 27, 2012. His attorney was Greenberg. The parties stipulated to a May 5, 2014 trial date, and on April 15, 2014, AlderLaw associated in as cocounsel for Jackson. For various reasons relating to the availability of the trial court or expert witnesses, the trial date was continued several times. About a week before jury selection was scheduled to begin on Monday, July 21, 2014, lead trial counsel Lyssa Roberts of AlderLaw argued motions in limine and announced ready for trial. On Thursday, July 17, 2014, AlderLaw became aware of information that created an ethical conflict. At a meeting between two attorneys from Greenberg, Roberts, and their mutual client Jackson, it was agreed that AlderLaw would withdraw from the case. According to Roberts, Greenberg took custody of the file on July 20, 2014, instructed Roberts to discontinue any communications with Jackson, and told Roberts he was prepared to proceed to trial. Jackson signed a substitution of attorney form consenting to the discharge of AlderLaw on July 20, 2014, but Greenberg did not sign the form. Counsel for Chevron was not notified of the conflict or AlderLaw’s withdrawal until Monday, July 21, 2014.