Whittier Union High Sch. Dist. v. Superior Court

In Whittier Union High Sch. Dist. v. Superior Court (1977) 66 Cal. App. 3d 504, an Orange County attorney representing the parents of a high school student and the student himself in a personal injury action against the high school district settled and dismissed the action without informing his clients. The attorney even pocketed the proceeds of the settlement. ( Id. at p. 506.) The appellate court refused to vacate a trial court order, issued pursuant to section 473, setting aside the dismissal. In the process, it disagreed with the defendant District's contention that the plaintiffs had to "assume responsibility" for their attorney's conduct. (Id. at p. 507.) It set forth this guiding principle for deciding motions of this nature: ". . . Dismissal of a cause of action by an attorney acting without any authority from his client is an act beyond the scope of his authority which, on proper proof, may be vacated at any time. Obviously, such action requires strong and convincing proof, and the longer the delay in the application for relief the stronger and more convincing the factual proof should be. When nothing more than client misunderstanding or client change of heart is involved, the propriety of such relief is doubtful." ( Id. at p. 509.)