Superior Court of California 

County of Los Angeles 

Department 78 

 

JAQUELINE NEWBY,

Plaintiff;  

vs. 

CHRISTOPHER OLMSTED

Defendants. Case No.: 19STCV23920

MOTION TO BE RELIEVED AS COUNSEL

Counsel’s motion to be relieved as counsel is DENIED without prejudice.

Generally, the filing of a notice of appeal divests the trial court of jurisdiction over a case. (Avenida San Juan Partnership v. City of San Clemente (2011) 201 Cal.App.4th 1256, 1267.) There are a number of exceptions to the rule, such as the collateral matter exception. (Id.)

As the Court understands it, a trial court is not to take any action that might interfere with the appellate process. 

Here, the purpose of the motion to be relieved is unclear as there is not any on- going litigation in the trial court and the case is currently on appeal.

The motion contains no mention of the appeal or Counsel’s status with respect to that appeal. Counsel has the ability to file a motion to withdraw as attorney of record in the Court of Appeal. (Rule 8.36(c)(1).) 

The moving party is to provide notice.