MAGAZINE
California Lawyer

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

SUSPENSION

Richard A. Brubaker, State Bar #134130, Los Angeles (October 17, 2012). Brubaker, 53, was suspended for nine months and placed on two years of probation for failing to competently perform legal services.

In aggravation, Brubaker engaged in multiple acts of wrongdoing. In mitigation, he had no record of prior discipline since being admitted to the State Bar in 1988. Also, Brubaker successfully completed the Alternative Discipline Program and the Lawyers Assistance Program for substance abuse. The order took effect November 16, 2012

Jay C. Cox, State Bar #147858, Santa Ana (October 15, 2012). Cox, 50, was suspended for one year and placed on two years of probation for failing to comply with conditions to a previous order of discipline.

In aggravation, Cox had a record of prior discipline, and he engaged in multiple acts of wrongdoing. The order took effect November 14, 2012

Thomas V. Dillon, State Bar #236380, Fresno (October 31, 2012). Dillon, 45, was suspended for one year—and until he makes restitution and meets other requirements—for failing to comply with conditions to a previous order of discipline.

In aggravation, Dillon had a record of prior discipline, engaged in multiple acts of wrongdoing, and displayed indifference toward rectification of or atonement for his misconduct. Moreover, he lacked candor and failed to cooperate with the State Bar’s investigation and proceedings. The order took effect November 22, 2012

Adam R. Fairbairn, State Bar #168204, San Miguel (November 19, 2012). Fairbairn, 46, was suspended for two years and placed on three years of probation for collecting an illegal fee, failing to promptly refund unearned fees, and committing an act involving moral turpitude.

In aggravation, Fairbairn had a record of prior discipline. In mitigation, he presented a range of character witnesses. The order took effect December 19, 2012

Alana Gershfeld, State Bar #196454, Los Angeles (November 19, 2012). Gershfeld, 45, was suspended for 90 days and placed on three years of probation for failing to competently perform legal services in two client matters.

In aggravation, Gershfeld committed multiple acts of wrongdoing that significantly harmed clients. In mitigation, he had no record of prior discipline since being admitted to the State Bar in 1998. The order took effect December 19, 2012

Eliot S. Gorson, State Bar #99717, Oakland (October 31, 2012). Gorson, 61, was suspended for one year and placed on three years of probation for failing to competently perform legal services.

In aggravation, Gorson committed multiple acts of wrongdoing that caused significant financial harm, and he failed to make restitution to his clients. In mitigation, Gorson had no record of prior discipline since being admitted to the State Bar in 1981. The order took effect November 30, 2012

Jerry A. LaCues, State Bar #77088, Chino Hills (November 6, 2012). LaCues, 62, was suspended for 30 days for failing to disburse settlement funds to his client.

In aggravation, LaCues had a record of prior discipline. In mitigation, he exhibited remorse and disclaimed $5,000 of his attorney fees to atone for his delay in paying out funds. Moreover, LaCues cooperated with the State Bar by entering into a stipulation. The order took effect December 6, 2012

Carla R. McBeath, State Bar #106047, Fort Lee, NJ (October 31, 2012). McBeath, 61, was suspended for one year and placed on three years of probation for failing to comply with conditions to a previous order of discipline.

In aggravation, McBeath had a record of prior discipline. Also, she engaged in multiple acts of wrongdoing. The order took effect November 30, 2012

Fari B. Nejadpour, State Bar #216925, Los Angeles (November 19, 2012). Nejadpour, 50, was suspended for two years and placed on four years of probation for failing to competently perform legal services and making a misrepresentation to a court of law, an act involving moral turpitude.

In aggravation, Nejadpour had a record of prior discipline. Also, he engaged in multiple acts of wrongdoing and demonstrated indifference for the consequences of his actions. In mitigation, Nejadpour cooperated with the State Bar by entering into a stipulation. The order took effect December 19, 2012

Tara K. O'Brien, State Bar #261864, Mountain View (November 19, 2012). O’Brien, 31, was suspended for 90 days and placed on two years of probation for engaging in acts of moral turpitude.

In aggravation, O’Brien’s conduct caused significant harm to her clients. In mitigation, she cooperated with the State Bar’s investigation and proceedings. The order took effect December 19, 2012

Russell R. Ruiz, State Bar #123414, Santa Barbara (November 2, 2012). Ruiz, 58, was suspended for three years for failing to comply with conditions to a previous order of discipline.

In aggravation, Ruiz had a record of prior discipline. Also, he significantly harmed the administration of justice. The order took effect December 2, 2012

Ruben D. Sanchez, State Bar #164298, Indio (November 19, 2012). Sanchez, 53, was suspended for six months and placed on three years of probation for failing to competently perform legal services.

In aggravation, Sanchez had a record of prior discipline. In mitigation, he cooperated with the State Bar’s investigation and successfully completed the Alternative Discipline Program. The order took effect December 19, 2012

Margaret A. Seltzer, State Bar #87707, San Francisco (October 24, 2012). Seltzer, 66, was suspended for 60 days and placed on two years of probation for failing to pay membership fees, representing clients while suspended from practice, failing to keep a client reasonably informed, charging an illegal fee, failing to release client files, failing to cooperate with the State Bar’s investigation, and committing an act of moral turpitude.

In aggravation, Seltzer caused significant harm to her client, and she lacked insight. Also, she committed multiple acts of wrongdoing. In mitigation, Seltzer had no record of prior discipline since being admitted to the State Bar in 1979. The order took effect November 23, 2012

Marvin E. Vallejo, State Bar #269561, Los Angeles (November 19, 2012). Vallejo, 30, was suspended for 30 days and placed on three years of probation following his conviction on two misdemeanor counts of violating Penal Code § 166(a)(4), contempt of court by willfully ignoring a temporary restraining order.

In aggravation, Vallejo’s misconduct harmed his victim. Also, he displayed indifference toward rectification of or atonement for the consequences of his misconduct. In mitigation, Vallejo cooperated with the State Bar by entering into a stipulation. The order took effect December 19, 2012

Christopher J. Van Son, State Bar #133440, Oak View (October 17, 2013). Van Son, 50, was suspended for 18 months and placed on three years of probation for failing to competently perform legal services.

In aggravation, Van Son committed multiple acts of wrongdoing, causing significant harm to his clients. In mitigation, Van Son had no record of prior discipline since being admitted to the State Bar in 1988. Also, he demonstrated remorse and cooperated with the State Bar’s investigation and proceedings. The order took effect November 16, 2012

PROBATION

Michael H. Crosby, State Bar #125778, San Diego (October 17, 2012). Crosby, 60, was placed on one year of probation for failing to competently perform legal services, failing to inform a client of significant developments, failing to respond to reasonable client inquiries, and failing to cooperate with a State Bar investigation.

In aggravation, Crosby engaged in multiple acts of wrongdoing. Also, he demonstrated indifference toward rectification of or atonement for the consequences of his misconduct. In mitigation, Crosby admitted to all allegations of culpability. The order took effect November 16, 2012

Catherine A. Moscarello, State Bar #216384, Irvine (November 6, 2012). Moscarello, 45, was placed on one year of probation for failing to refund unearned legal fees.

In aggravation, Moscarello had a record of prior discipline. Also, her misconduct caused financial harm to her client. In mitigation, Moscarello displayed candor and cooperated with the State Bar’s investigation and proceedings. The order took effect December 6, 2012

James B. Sanborn, State Bar #80626, Chatsworth (October 24, 2012). Sanborn, 63, was placed on two years of probation for failing to competently perform legal services.

In aggravation, Sanborn engaged in multiple acts of wrongdoing that caused significant harm to his client. In mitigation, Sanborn had no record of prior discipline since being admitted to the State bar in 1978, and he cooperated with its investigation and proceedings. The order took effect November 23, 2012

There are no recent disciplinary actions of this type.