Redevelopment Agency v. Superior Court

BRAY, P. J. Petition for writ of mandate to command respondent superior court to grant certain motions to substitute attorney in two pending actions.

Question Presented

Has the City and County of San Francisco such an interest in the specified condemnation actions brought by the Redevelopment Agency as to entitle its city attorney to remain as an attornejr of record in said actions?

Record

Petitioner, Redevelopment Agency, brought two actions under its power of eminent domain, to condemn certain lands in the City and County of San Francisco belonging to third parties. Dion Holm, the City Attorney, is the attorney of record in those actions. On March 3, 1961, petitioner, pursuant to a resolution adopted by it, tendered to Holm a form of substitution of attorney in each action requesting his consent to the substitution of petitioner’s general counsel, Henry F. Davis, in Holm’s place. Holm declined to consent. Thereupon petitioner moved the superior court for substitution of attorney in each of said actions. Holm objected to such substitution, stating, however, that he had no objection to Davis’ being associated with him as an attorney of record in each action. The superior court denied the motions for substitution. Thereupon petitioner petitioned this court for a writ of mandate to compel such substitution.

Interest of the City and County of San Francisco

Petitioner is the Redevelopment Agency of the City and County of San Francisco created and existing under the Com[593]munity Redevelopment Law, division 24, part 1, Health and Safety Code, sections 33000 et seq. Title to a part of the land which petitioner is seeking to acquire in said condemnation actions will later be acquired by San Francisco from petitioner, in order for San Francisco to establish therein streets, playgrounds, etc. There are three separate “blighted” areas to be redeveloped. As to each, petitioner and San Francisco entered into a separate “Cooperation Agreement”; such agreements were made pursuant to the authority granted in sections 33000 et seq., Health and Safety Code, and various city ordinances and resolutions.

Petitioner claims the absolute right to discharge Attorney Holm and substitute its attorney for him in the condemnation actions, regardless of petitioner’s relationship to San Francisco or Holm’s relationship thereto. Holm, on the other hand, claims that a power coupled with an interest exists between San Francisco, as a municipal entity, and the subject matter of the actions, with him as the legal representative of San Francisco.