BGJ ASSOCIATES, LLC et al., Plaintiffs and Respondents, v. JEFF WILSON et al., Defendants and Appellants; BGJ ASSOCIATES, LLC et al., Plaintiffs and Appellants, v. M2B2, LLC et al., Defendants and Respondents
113 Cal. App. 4th 1217 · B143157
California Court of Appeal, Second Appellate District · Filed
Holding
The court held that an attorney who enters into a business transaction with his client without complying with the stringent disclosure and consent requirements of rule 3-300 of the California Rules of Professional Conduct and Probate Code section 16004 renders the transaction voidable at the client's election, and that such a voided agreement confers no legal rights or capacity to sue upon the attorney or the entity formed through the transaction.
Statutes construed
- CIV § 1588
- PROB § 16004
Cited by (3)
- CLARK FERGUS, Plaintiff, Cross-defendant and Appellant, v. JOSEPH A. SONGER, Defendant, Cross-complainant and Appellant; SUE FERGUS, Plaintiff and Appellant (2007) 150 Cal. App. 4th 552
- BILL CHAN, Plaintiff and Appellant, v. CRAIG T. LUND et al., Defendants and Respondents (2010) 188 Cal. App. 4th 1159
- R. THOMAS FAIR, Plaintiff and Appellant, v. KARL E. BAKHTIARI et al., Defendants and Respondents; KARL E. BAKHTIARI et al., Plaintiffs, v. R. THOMAS FAIR, Defendant (2011) 195 Cal. App. 4th 1135
Authorities cited (1)
- Felton v. Le Breton 92 Cal. 457