Echlin v. Superior Court

Petitioner seeks by writ of mandate to compel the Superior Court of San Mateo County to make an order substituting Robert E. Hatch as her attorney, in place of J. E. McCurdy, in a pending action for personal injuries wherein she is plaintiff. The action has not yet been brought to trial.

Subdivision 1 of section 284, Code of Civil Procedure, provides for substitution of counsel “upon the consent of both client and' attorney, filed with the clerk, or entered upon the minutes”. Subdivision 2 provides for substitution “upon the order of the court, upon the application of either client or…