On July 29, 2024, applicant’s attorney, John R. Ramirez, filed a petition for attorney’s fees pursuant to section 5710. He represented that he personally represented applicant at deposition, and requested a fee award of one hour of preparation time and 3.6 hours of actual deposition time. And he requested a fee issue at the hourly rate of $425.00 per hour, or $1,955.00 total.
The workers WCJ issued an orderer that defendant pay $1,840.00 as a reasonable fee after finding that he was entitled to a rate of $400.00 per hour.The order contained a self-destruct clause advising that a timely objection within 20 days would void the order. Attorney Ramirez filed an objection letter along with a declaration of readiness to proceed to a mandatory settlement conference on the issue of 5710 fees.Accordingly, the dispute in this case is over an additional $115.00 fee.
After a hearing on October 3, 2024. The WCJ ordered the matter taken off calendar over the objection of attorney Ramirez, and deferred the issue of the remaining L.C. 5710 attorney fees.
On October 15, 2024 attorney Ramirez and The Ramirez Firm, filed a Petition for Reconsideration objecting to the Order taking the case off calendar. Specifically, in the Petition, Mr. Ramirez alleges that he is entitled to the unpaid portion of attorney’s fees and seeks to proceed to a trial on the issue of attorney’s fees.
The WCAB denied his Petition for Reconsideration, and denied his Petition for Removal, and instead, it Granted Removal on Motion of the Appeals Board, and issued a Notice of Intent to Impose Sanctions against Attorney John R. Ramirez in the panel decision of Armando Amezcua v Milgard Windows Manufacturing – ADJ19104113, ADJ19104112, ADJ19104123, ADJ19104121 (December 2024).
The WCAB noted that “it appears that Mr. Ramirez improperly filed a Petition for Reconsideration in response to a non-final order. It appears that Mr. Ramirez did this in six different cases and he was admonished in five of those cases to review his filings and make necessary corrections.
Moreover on November 5, 2024, just a few months ago, the Appeals Board issued a significant panel decision in Latrice Reed v. County of San Bernardino. (2024 Cal. Wrk. Comp. LEXIS 69.) and admonished Mr. Ramirez who was the applicant attorney in that decision without imposing sanctions. Instead it said “for the purpose of this decision, we will assume that the filing of a petition for reconsideration rather than one for removal was merely a careless error. Accordingly, we do not take up the issue of sanctions at this time.”
However, on this newest case, the WCAB concluded “It does not appear that Mr. Ramirez responded to any of the admonishments given to him. It appears that Mr. Ramirez filed a frivolous petition for reconsideration in this matter and allowed it to proceed on the merits, taking no steps to either withdraw or amend the pleading. It does not appear that our admonishments have had the actual effect of correcting Mr. Ramirez’s conduct”.
“Accordingly, and good cause appearing, pursuant to section 5813 and WCAB Rule 10421 we will issue a notice of intention to impose sanctions against John Ramirez (SBN 201939) in an amount up to $750.00 as he filed a petition for reconsideration from a non-final order, which appears to constitute frivolous conduct, particularly since Mr. Ramirez was admonished on five occasions to correct his conduct, and it appears that he failed to act.”