Bisno Development Enterprise, LLC v. Ogulnick CA2/
Appellants Robert H. Bisno and Bisno Development Enterprise, LLC (Bisno) appeal from the trial court’s grant of summary judgment in favor of respondents Ryan Ogulnick (Ogulnick), Chris Lee (Lee), Dyer 18, LLC (Dyer 18), Dyer 18 Holding, LLC (Dyer Holding) and R20 Development, LLC (R20). Bisno, as Ogulnick’s attorney, entered into a real estate transaction with Ogulnick without observing the requirements of Rules of Professional Conduct, Rule 3-300 (Rule 3-300). Bisno argues on appeal that the trial court erred in failing to find a factual issue with respect to whether he rebutted the presumption of Probate Code section 16004, which governs transactions between lawyers and their clients. We find that Bisno established a triable issue of fact exists whether he rebutted the Probate Code section 16004 presumption, and reverse.
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