Wilson

BGJ ASSOCIATES, LLC v. Wilson

Good Law
113 Cal. App. 4th 1217·7 Cal. Rptr. 3d 140
Court of Appeal of CaliforniaDecember 3, 2003B143157, B147634California5,220 words

Opinion

Opinion

Epstein, J.

In these appeals, we consider the impact of an attorney’s entry into a business transaction with a client, and the client’s subsequent decision to withdraw from the transaction. The evidence in this case demonstrates that the attorney’s conduct was in violation of the California Rules of Professional Conduct, rule 3-300, and also amounted to undue influence within the meaning of Probate Code section 16004. For that reason, the alleged agreement was voidable, and once the client acted to void it, the trial court properly refused to enforce the agreement or to grant any other requested relief arising from the voided agreement.

FACTUAL AND PROCEDURAL SUMMARY

Maynard Brittan (Brittan) and his wife Linda Brittan are the owners of property near the intersection of Wilshire and Santa Monica Boulevards, where they operate Roxbury Managers, Ltd., a property management company. For many years, they used four parking places on- a 150-foot strip of land directly behind this property. The land was part of a vacant railroad right of way owned by Union Pacific Railroad (railroad). The railroad property consisted of two parcels. Parcel 1, on which the parking spaces were located, is…

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