Welch-Brown v. State of California

Filed 2/15/07  Welch-Brown v. State of California CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b).  This opinion has not been certified for publication or ordered published for purposes of rule 977.

 IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento)

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     Plaintiff Gaye Welch-Brown appeals, in propria persona, from summary judgment against her in an action for damages for alleged breaches of contract and torts concerning her employment with the State Controller's Office.  She contends the trial court erred in entering a judgment against her signed by a judge who had been disqualified under Code of Civil Procedure section 170.6,^[1] in entering thereafter a duplicate judgment signed by another judge, and in granting her former counsel's motion to withdraw.  Finding no prejudicial error, we shall affirm the judgment. 

FACTUAL AND PROCEDURAL BACKGROUND

     On May 30, 2002, Welch-Brown, in propria persona, filed a complaint alleging that various state officers and employees (defendants) had either assaulted her, breached her contract of state employment, or abused administrative process concerning her state employment.  In February 2003, Ismael Perez became her attorney of record.  On March 25, 2004, Perez filed a motion to be relieved as attorney of record, averring that there had been a complete breakdown in communication. 

     Welch-Brown filed a written opposition to Attorney Perez's motion to withdraw.  She asserted that there was no breakdown in communication â€