Knapp v. Ginsberg
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Plaintiff and her late husband, Grant Tinker, signed a premarital agreement (PMA) that in relevant part governed the ownership and testamentary disposition of their marital home. Respondents, Larry Ginsberg and his law firm, represented plaintiff in connection with the PMA and approved the PMA as to form on her behalf. Non-attorney Sidney Tessler, Tinker's longtime accountant and business manager, negotiated terms and approved the PMA as to form on Tinker's behalf. Plaintiff, the estate, and Tinker's children subsequently litigated plaintiff's and the children's claims, which were ultimately resolved in a global settlement.
Plaintiff then filed suit against Ginsberg for legal malpractice in connection with the preparation and execution of the PMA, alleging that the PMA was unenforceable due to Ginsberg’s failure to ensure that Tinker signed a waiver of legal representation. The trial court granted Ginsberg's motion for summary judgment on the ground that Tinker ratified the PMA.
The Court of Appeal reversed, concluding that there is a triable issue of material fact as to the threshold issue of whether Tinker satisfied the requirements of Family Code section 1615 when he executed the PMA. The court explained that, if the factfinder determines that Tinker did not comply with section 1615, and the PMA was therefore not enforceable, the question becomes whether Tinker's subsequent amendments to his estate plan could ratify the PMA and thereby rectify the statutory violation. The court concluded that the trial court erred by concluding that they could and did. The court held that a premarital agreement that is not enforceable under section 1615 is void, not voidable, and accordingly cannot be ratified. Because none of the other grounds asserted in the summary judgment motion support the trial court's ruling, the court reversed and remanded for further proceedings on plaintiff's malpractice claim. The court denied plaintiff's request for judicial notice as moot.
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