McMillan v. Shadow Ridge at Oak Park Homeowner's Assn.

Opinion

PERREN, J.

Over 140 years ago, our Supreme Court stated, “A party to an action may appear in his own proper person or by attorney, but he cannot do both.” (Board of Commissioners v. Younger (1865) 29 Cal. 147, 149.) The wisdom of this holding is made evident by the case before us.

A plaintiff, having twice been represented by counsel and having twice ended that relationship, represents herself. On the sidelines is a lawyer, not of record, who informs counsel for defendant that he will be making limited appearances in deposition and other unspecified matters for plaintiff. Time for trial…