Robinson v. Kong CA3

Filed 3/12/21 Robinson v. Kong CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

EARLYN ROBINSON, C083719

Plaintiff and Appellant, (Super. Ct. No. 34-2014- 00165157CUPOGDS) v.

DONALD KONG,

Defendant and Respondent.

Plaintiff Earlyn Robinson appeals from an order entered on November 16, 2016, which denied her “Motion for Relief from Mistake from Motion filed July 21, 2016.” In her opening brief, plaintiff indicates she believes her one-time counsel, Justin L. Ward, “acted unprofessionally and misrepresented himself,” has “not been forthcoming with information or evidence during this case,” and breached his retainer in the scheduling of the settlement conference and providing signatures on plaintiffs’ behalf without their knowledge. On this alleged basis, plaintiff also asks us to subpoena various records from Ward and censure him for alleged “misrepresentation of the facts and evidence involved

1

in this case, for the failure to disclose funds, [and] concluding the process of the case with a settlement conference without prior notification and agreement by the [p]laintiff.” Because no final judgment as to plaintiff’s claims has been entered in the trial court, we dismiss this appeal.

DISCUSSION

On August 6, 2014, plaintiff and two other parties filed an action against defendant Donald Kong. One of the other two parties is a minor. The substance of the complaint’s allegations are not at issue here. Defendant filed an answer in October 2014. On May 17, 2016, following a mediation, Justin L. Ward, who at the time represented all the plaintiffs, filed a notice of unconditional settlement of the entire case. Within 10 days, plaintiff filed a substitution of attorney, in which she indicated she would be representing herself going forward.