Kerr v. Kerr

Opinion

FEINERMAN, P. J. This is an appeal by Attorney Robert M. Ebiner, in propria persona, from the denial of motions requesting leave to intervene in a dissolution action and for an order impressing a lien on the causes of action of the parties to the dissolution action.

Background

Appellant Robert M. Ebiner was the attorney for Iris L. Kerr, conservator of the person and estate of her husband, Lawrence E. Kerr, conservatee. On October 19, 1984, the superior court approved and settled the first and final conservatorship account of Iris L. Kerr and discharged her as conservator. She had been appointed conservator on January 13, 1984, and her resignation as conservator was accepted by the court on June 29, 1984. Gordon Treharne, Public Guardian of Los Angeles County, was appointed as the successor conservator of Lawrence E. Kerr.

The October 19, 1984, court order also approved payment of a balance of $3,030 in attorney fees to appellant and directed the successor conservator to pay said amount to appellant. The court order further provided that the sum of $3,030 “shall be a lien on conservatorship assets, including the herein described real property located at 202 West Center Street, Covina, California, until paid in full.” Iris L. Kerr subsequently paid $350 to appellant on the account for attorney fees, leaving a balance due and owing in the amount of $2,680.

On the same date Iris L. Kerr resigned as conservator (June 29; 1984), she filed a petition for dissolution of her marriage. An amended petition was filed by her on September 27, 1984, and a response was filed by the public guardian on January 16, 1985. In both the petition and the response, the residence on West Center Street and other assets previously scheduled as conservatorship assets were listed as community assets. On February 25, 1985, appellant noticed a motion in the dissolution action for leave to intervene and for an order to impress a lien on the causes of action of the parties as they related to the real property on West Center Street in Covina and other specified community assets. The motions were denied without any statement of reasons being set forth in the minute order.

[133]Discussion

In his notice of motion and points and authorities filed in the trial court, appellant based his motion on the provisions of former Code of Civil Procedure section 688.1.1 However, that section was no longer in effect at the time his motion was made. Sections 708.410-708.480 had superseded former section 688.1. It appears that both counsel and the court were unaware of the change in the law at the time this matter was heard.