Ramirez

Ramirez v. Ramirez CA2/6

Good Law
Court of Appeal of CaliforniaNovember 18, 2024B336369California2,148 words

Opinion

Opinion

FACTS

Jeanette is the trustee of the Pedro O. Ramirez and Jeanette Ramirez Living Trust, dated June 1, 2000. Jeanette conveyed her home to her grandson Nicholas. Jeanette subsequently filed a petition claiming the deed was void because of her incapacity and because she was subject to undue influence in making the conveyance. Nicholas filed a motion to disqualify attorney Robert Baskin who represents Jeanette. He claimed Baskin represents both Jeanette and her son Timothy. Timothy and Jeanette have a conflict of interest, and Baskin cannot represent Jeanette and Timothy because of this conflict. In his opposition, Baskin claimed the motion had no “legal basis” and it was filed as a “litigation tactic.” In the last page of his opposition, he wrote, ”The motion should be denied and sanctions should be awarded against [Nicholas].” (Italics added.) Baskin did not file a separate motion for sanctions. The trial court issued a tentative decision denying the motion to disqualify Baskin. It found Nicholas did not have standing to bring the motion because he did not have an “attorney-client relationship with Attorney Baskin.” After a Zoom hearing, the court issued a written order denying…

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