MAGAZINE
California Lawyer
DISCIPLINE

DISBARMENT

Harlan R. Antler, State Bar #166873, Sacramento (October 24, 2012). Antler, 65, was disbarred for failing to comply with conditions to a previous order of discipline and failing to participate in disciplinary proceedings after receiving adequate notice and opportunity to do so. The order took effect November 23, 2012
Joseph C. Barrera, State Bar #219583, Santa Cruz (October 24, 2012). Barrera, 47, was disbarred following his plea of nolo contendere to two counts of violating Penal Code § 470 (d), forgery, a felony involving moral turpitude. His conviction is now final, and the State Bar Court concluded that it met the criteria for summary disbarment. The order took effect November 23, 2012
Lucio G. Calungcagin, Jr., State Bar #134519, Anaheim (October 24, 2012). Calungcagin, 64, was disbarred for failing to participate in a disciplinary proceeding after receiving adequate notice and opportunity to do so.

In aggravation, Calungcagin had a record of prior discipline. The order took effect November 23, 2012

Gregory M. Czarkowski, State Bar #213070, Santa Clara (November 19, 2012). Czarkowski, 39, was disbarred for failing to participate in a disciplinary proceeding after receiving adequate notice and opportunity to do so.

Czarkowski was charged with six counts of misconduct in one client matter. He failed to respond to entry of his default. The order took effect December 19, 2012

Theresa M. Erickson, State Bar #197830, Poway (October 31, 2012). Erickson, 45, was disbarred following her conviction for conspiracy to commit wire fraud (18 U.S.C. § 1343) in violation of 18 U.S.C. § 371, a felony involving moral turpitude. Her conviction is now final, and the State Bar Court concluded that it met the criteria for summary disbarment. The order took effect November 30, 2012
Stephen R. Harris, State Bar #64176, Reno, NV (November 19, 2012). Harris, 64, was disbarred following his discipline in another jurisdiction for misappropriating $788,000 for personal gain from his client trust accounts and his firm’s general client trust account. In November 2009 he self-reported his misconduct to the Nevada State Bar, and he reimbursed the client trust accounts, with interest, prior to his disciplinary hearing.

In aggravation, Harris committed multiple acts of wrongdoing that involved client trust accounts. In mitigation, he had no record of prior discipline since being admitted to the State Bar in 1975. Also, during the period of his misconduct Harris experienced severe emotional and alcohol-related problems. The order took effect December 19, 2012

Larry P. James, State Bar #183769, Sacramento (November 6, 2012). James, 46, was disbarred for failing to participate in a disciplinary proceeding after receiving adequate notice and opportunity to do so. He failed to respond to entry of his default in two client matters for failing to competently perform legal services, failing to communicate, failing to return unearned fees, and engaging in acts of moral turpitude. The order took effect December 6, 2012
Kenneth L. Kiddy, State Bar #85060, Stockton (November 19, 2012). Kiddy, 63, was disbarred for failing to participate in a disciplinary proceeding after receiving adequate notice and opportunity to do so.

Kiddy had been charged with two counts of misconduct, and he failed to respond to entry of his default. In addition, he had two disciplinary matters pending, and a record of prior discipline. The order took effect December 19, 2012

David S. Lee, State Bar #229873, Los Angeles (October 24, 2012). Lee, 38, was disbarred for failing to participate in a disciplinary proceeding after receiving adequate notice and opportunity to do so. He had been charged with 17 counts of misconduct. The order took effect November 23, 2012
Mary Anne M. Nagy, State Bar #171942, Cheshire, CT (October 31, 2012). Nagy, 57, was disbarred for failing to participate in a disciplinary proceeding after receiving adequate notice and opportunity to do so. In aggravation, Nagy had a record of prior discipline. The order took effect November 30, 2012
Roy E. Peterson, State Bar #153455, El Monte (November 19, 2012). Peterson, 68, was disbarred for habitually failing to comply with conditions to previous orders of discipline.

In 2011 Peterson was suspended for one year and placed on five years of probation, but he failed to comply with the order’s requirements.

In aggravation, Peterson had a record of prior discipline. The order took effect December 19, 2012

Deborah J. Pimentel, State Bar #115182, San Ramon (October 31, 2012). Pimentel, 57, was disbarred for failing to participate in a disciplinary proceeding after receiving adequate notice and opportunity to do so. She had been charged with 16 counts of misconduct. The order took effect November 30, 2012
Eric J. Prosser, State Bar #185726, Vista (November 6, 2012). Prosser, 43, was disbarred for failing to participate in a disciplinary proceeding after receiving adequate notice and opportunity to do so.

In aggravation, Prosser had a record of prior discipline. The order took effect December 6, 2012

Melchor E. Quevedo, State Bar #103144, Chula Vista (October 31, 2012). Quevedo, 62, was disbarred for failing to maintain client funds in trust, failing to deposit settlement funds in a client trust account, entering into a business transaction with a client without taking steps to avoid foreseeable prejudice, and engaging in acts involving moral turpitude.

In aggravation, the misconduct involved client trust accounts. In mitigation, Quevedo had no record of prior discipline since being admitted to the State Bar in 1982, and he cooperated with its investigation and proceedings. The order took effect November 30, 2012

Laurie C. Rigg, State Bar #145237, Rolling Hills Estates (October 24, 2012). Rigg, 49, was disbarred for failing to participate in a disciplinary proceeding after receiving adequate notice and opportunity to do so. Rigg had been charged with 18 counts of misconduct. The order took effect November 23, 2012
David P. Schwartz, State Bar #45914, Ojai (October 24, 2012). Schwartz, 70, was disbarred for failing to participate in a disciplinary proceeding after receiving adequate notice and opportunity to do so. In aggravation, Schwartz had a record of prior discipline. The order took effect November 23, 2012
Frederick J. Stocker, State Bar #106382, San Diego (November 19, 2012). Stocker, 56, was disbarred following his conviction for violating Penal Code § 311.11 (a), possession of child pornography, a misdemeanor involving moral turpitude. Stocker’s misconduct was limited to downloading images of child pornography from the Internet. He was sentenced to 30 days in county jail, three years of probation, $950 in fines, 60 days of volunteer work, and registration as a sex offender pursuant to Penal Code § 290.

In aggravation, Stocker caused significant harm to his victims. In mitigation, Stocker had no record of prior discipline since being admitted to the State Bar in 1982. Also, he displayed remorse, and he cooperated with the State Bar’s investigation and proceedings. Moreover, he completed the Lawyer’s Assistance Program to further his own rehabilitation by helping others. The order took effect December 19, 2012

Colbern C. Stuart, III, State Bar #177897, Marina Del Rey (November 6, 2012). Stuart, 44, was disbarred for failing to participate in a disciplinary proceeding after receiving adequate notice and opportunity to do so.

Stuart was convicted of violating Penal Code § 653m(a), harassing by telephone, and § 653m(b), repeated harassing by telephone or electronic contact, both misdemeanors. The State Bar Court’s hearing department determined that the facts and circumstances surrounding the violations involved acts of moral turpitude. The order took effect December 5, 2012

Tuan T. Tran, State Bar #202837, Irvine (October 24, 2012). Tran, 43, was disbarred for failing to promptly disburse funds that clients were entitled to receive, failing to maintain client funds in trust, failing to communicate, and engaging in acts of moral turpitude. Eleven other matters involving similar misconduct warranted discipline. In aggravation, Tran settled cases and collected settlement funds without his clients’ authorization. His misconduct harmed clients and involved multiple acts of wrongdoing. The order took effect November 23, 2012
Amos M. Tripp, State Bar #84036, Blue Lake (October 31, 2012). Tripp, 69, was disbarred for engaging in the unauthorized practice of law.

In aggravation, Tripp concealed his ineligibility to practice from his employer for four years. In mitigation, he had no record of prior discipline since being admitted to the State Bar in 1978. The order took effect November 30, 2012

Actions From Previous Issues

Jaeffrey J. Artz, State Bar #163141, Santa Fe Springs (October 17, 2012). Artz, 59, was disbarred for failing to comply with rule 9.20 of the Rules of Court.

In aggravation, Artz had a record of prior discipline. Also, he lacked candor during his testimony at trial, and had uncharged misconduct for the unauthorized practice of law. The order took effect November 16, 2012

This action originally appeared in our January 2013 issue.

Daniel Duchanin, State Bar #189983, Oklahoma City, OK (October 17, 2012). Duchanin, 49, was disbarred for failing to comply with conditions to a previous order of discipline, and failing to participate in a disciplinary proceeding. The order took effect November 16, 2012

This action originally appeared in our January 2013 issue.
Ali E. Galam, State Bar #123778, Murrieta (October 9, 2012). Galam, 53, was disbarred for failing to inform clients of their settlement funds, failing to maintain client funds in trust, failing to render an accounting, misappropriating funds, and engaging in an act involving moral turpitude, dishonesty, or corruption. In mitigation, Galam had no record of discipline since being admitted to the State Bar in 1986. The order took effect November 8, 2012

This action originally appeared in our January 2013 issue.
Nicholas O. Hedding, State Bar #227160, Winnetka (October 9, 2012). Hedding, 38, was disbarred for failing to maintain client funds in trust, engaging in the unauthorized practice of law, collecting an illegal advance fee in a loan modification matter, failing to keep a client informed of significant developments, and committing an act involving moral turpitude.

In aggravation, Hedding had a record of prior discipline. In mitigation, he cooperated with the State Bar and other law enforcement agencies during their investigations. The order took effect November 8, 2012

This action originally appeared in our January 2013 issue.

Bruce G. Jones, State Bar #43448, Oxnard (October 9, 2012). Jones, 71, was disbarred for failing to comply with conditions to a previous order of discipline.

In aggravation, Jones had a record of prior discipline, engaged in multiple acts of wrongdoing, and demonstrated indifference toward rectification of or atonement for his misconduct. In mitigation, he cooperated with the State Bar by entering into a stipulation. The order took effect November 8, 2012

This action originally appeared in our January 2013 issue.

Michael S. Kerekes, State Bar #130267, Santa Monica (October 9, 2012). Kerekes, 50, was disbarred following his conviction for violating 18 U.S.C. § 371 (conspiracy to defraud the United States) by attempting to evade income taxes (26 U.S.C. § 7201); making and subscribing a false income tax return (26 U.S.C. § 7206(1)); aiding and assisting the preparation of false tax returns (26 U.S.C. § 7206(2)); and corruptly endeavoring to obstruct the due administration of internal revenue laws (26 U.S.C. § 7212(a)). His conviction is now final, and the State Bar concluded it met the criteria for summary disbarment. The order took effect November 8, 2012

This action originally appeared in our January 2013 issue.
Jon R. Kniss, State Bar #141454, Santa Fe, NM (August 28, 2012). Kniss, 55, was disbarred for failing to participate in disciplinary proceedings after receiving adequate notice and opportunity to do so. In aggravation, Kniss had a record of prior discipline. The order took effect September 27, 2012

This action originally appeared in our January 2013 issue.
Francisco S. Nogales, State Bar #212819, Newhall (October 17, 2012). Nogales, 58, was disbarred for failing to competently perform legal services, failing to take reasonable steps to avoid foreseeable prejudice to a client, and collecting illegal advance fees in loan modification matters.

In aggravation, Nogales had a record of prior discipline, and his misconduct caused his clients significant harm. Also, he engaged in multiple acts of wrongdoing that demonstrated a pattern of misconduct. In mitigation, Nogales cooperated with the State Bar’s investigation and proceedings. The order took effect November 16, 2012

This action originally appeared in our January 2013 issue.

Kerrington F. Osborne, State Bar #146539, Redlands (October 9, 2012). Osborne, 50, was disbarred following his conviction for violating Penal Code § 487(a), grand theft, a misdemeanor involving moral turpitude; failing to participate in disciplinary proceeding after receiving adequate notice and opportunity to do so; and failing to comply with rule 9.20 of the Rules of Court. The order took effect November 8, 2012

This action originally appeared in our January 2013 issue.
Kendall R. Paulson, State Bar #120688, Newport Beach (August 28, 2012). Paulson, 51, was disbarred for failing to maintain client funds in trust, misappropriating funds, and committing acts involving moral turpitude, dishonesty, or corruption.

In aggravation, Paulson caused significant financial harm to his client and exhibited indifference toward rectification of or atonement for his misconduct. In mitigation, Paulson had no record of prior discipline since being admitted to the bar in 1985. The order took effect September 27, 2012

This action originally appeared in our January 2013 issue.