Ramirez

Ramirez v. Ramirez

Good Law
132 Cal. Rptr. 3d 41·198 Cal. App. 4th 336
Court of Appeal of CaliforniaJuly 19, 2011No. D058284California3,382 words

Opinion

Lead Opinion

McConnell, J.

*339 Opinion

Rochelle A. Rand, ARC (Rand), appeals a family court order that requires her to sign a document to relinquish a family law attorney’s real property lien (FLARPL; Fam. Code, § 2033, subd. (a)), 1 which is recorded against her former client’s community property interest in real property. Rand contends the order must be reversed because it is based on an earlier order to extinguish the FLARPL, which is void because she was not joined as an indispensible party to the proceeding or even given notice of it. We agree, and reverse the order under review to the extent it requires Rand to relinquish the FLARPL. We affirm the order to the extent it grants Rand’s request for joinder in litigation pertaining to the FLARPL. As Rand requests, we remand the matter for a new proceeding on the FLARPL issue.

FACTUAL AND PROCEDURAL BACKGROUND

In July 2005 Rand began representing Delia T. Ramirez (Delia) in a dissolution action against Isaac P. Ramirez (Isaac). In July 2006 Delia executed a declaration effecting a FLARPL to attach to community property located at 1678-1680 Donax Avenue in San Diego (Donax Avenue property) (§ 2033, subd. (a)), along with a deed of trust and assignment…

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