Green v Green, Santa Clara County Superior Court Case Number CH005487.



Attorney Holden Green is an attorney representing himself in this case and appeal.









According to Lawzilla's understanding of the Court of Appeals ruling, this is what happened:

First, the trial court granted an elder abuse restraining order against Holden Green.

Later the judge renewed the order.

Then, the court made an order to pay attorney's fees.

Holden Green filed three appeals. For one the court of appeals affirmed the order. For the rest they were dismissed without the court considering the issues.




With regard to the elder abuse claims, Green's step-mother claimed he had caused her fear, physical discomfort, and emotional distress, and had tried to use his position as an attorney to harass and intimidate her.

After considering the matter and taking evidence, the judge granted a protective order.




Holden Green filed an untimely appeal which he then abandoned.




He tried to remove the judge for prejudice against him, but that was also untimely and denied.




The court of appeals then dismissed two of Green's appeals because they were untimely.




For the issue in the appeal the court did decide, the court noted there was a claim attorney Holden Green was continuing the harassment by filing "meritless motions" and noticing hearings but then not appearing, to cause financial and other harm.




The court of appeals in its decision does not appear to have ruled whether these allegations were true or not.

But it held the trial court did not abuse its discretion in considering the claims, allowing Holden Green to argue the issues, and then ruling an extension of the elder abuse protective order was warranted.

As a result a unanimous court of appeals affirmed the order against Holden Green renewing the elder abuse restraining order.

There are two primary issues we saw in the unanimous appellate ruling.

First, of course, the restraining order against an attorney under the elder abuse law, which was renewed, plus an order to pay attorney's fees.

Second, attorney competence in losing multiple issues in the trial court, repeatedly being "untimely" taking action and thus losing a request and having two appeals dismissed, and then losing the appeal.

Neither is a good look for an attorney.

We can't imagine wanting this for our attorney.

Holden Green was admitted to the California Bar in 2000. Bar Number 209383.

HWG LAW FIRM PC
PO Box Hg
Los Gatos, California 95031-0810

Law School: National University