MAGAZINE
California Lawyer
DISCIPLINE

DISBARMENT

Michael B. Baker, State Bar #53099, Encino (August 28, 2012). Baker, 65, was disbarred for failing to participate in disciplinary proceedings after receiving adequate notice and opportunity to do so, and misappropriating $35,698 of his clients’ funds.

In aggravation, Baker had a record of prior discipline. The order took effect September 27, 2012

Joseph A. Bernal, State Bar #119448, Pasadena (May 22, 2012). Bernal, 55, was disbarred for failing to competently perform legal services and failing to refund unearned fees.

In aggravation, Bernal had a record of prior discipline. The order took effect June 21, 2012

Kelly W. Bixby, State Bar #53166, Los Angeles (July 11, 2012). Bixby, 65, was disbarred for engaging in acts of moral turpitude.

In aggravation, Bixby engaged in multiple acts of wrongdoing that harmed his clients. The order took effect August 10, 2012

Robert J. Buscho, State Bar #122556, Anaheim (August 21, 2012). Buscho, 53, was disbarred for failing to competently perform legal services, failing to promptly refund unearned fees, collecting an advance fee in a loan modification matter, failing to take reasonable steps to avoid foreseeable prejudice to a client, violating the regulations of the profession in New Jersey and in Missouri, and collecting an illegal fee. There were 17 other similar matters involving conduct warranting discipline.

In aggravation, Buscho had a record of prior discipline. In mitigation, Buscho cooperated with the State Bar’s investigation. The order took effect September 20, 2012

David L. Candaux, State Bar #65382, Woodland Hills (July 13, 2012). Candaux, 64, was disbarred for failing to comply with conditions to a previous order of discipline.

In aggravation, Candaux failed to participate in the State Bar’s investigation and proceedings prior to entry of his default. The order took effect August 12, 2012

Thomas P. Carey, State Bar #131995, San Francisco (July 11, 2012). Thomas Patrick Carey, State Bar # 131995, San Francisco (July 11). Carey, 53, was disbarred for failing to maintain client funds in trust, commingling funds, and failing to maintain trust account records.

In aggravation, Carey failed to participate in the State Bar’s investigation and proceedings prior to entry of his default. The order took effect August 10, 2012

Brian Y. Ching, State Bar #79456, Oakland (August 16, 2012). Ching, 62, was disbarred for failing to maintain client funds in trust, failing to notify a client of the receipt of funds, failing to disburse client funds, failing to maintain records, failing to respond to reasonable status inquiries, failing to competently perform legal services, failing to refund an unearned fee, and committing an act involving moral turpitude. There were three other similar matters involving conduct warranting discipline.

In aggravation, Ching had a record of prior discipline. In mitigation, Ching cooperated with the State Bar by entering a stipulation. The order took effect September 15, 2012

Richard D. Comess, State Bar #198665, Monrovia (September 25, 2012). Richard David Comess, State Bar # 198665, Monrovia (Sept. 25). Comess, 62, was disbarred for failing to comply with conditions to a previous order of discipline, and failing to respond to the petition for disbarment or to move to set aside or vacate the default.

In aggravation, Comess had a record of prior discipline. The order took effect October 25, 2012

Richard D. Corona, State Bar #56795, El Cajon (May 22, 2012). Corona, 64, was disbarred for failing to comply with rule 9.20 of the Rules of Court.

In mitigation, Corona cooperated with the State Bar by entering into a stipulation. The order took effect June 20, 2012

Janice M. Crowell, State Bar #209659, Carlsbad (August 9, 2012). Crowell, 64, was disbarred following her conviction for violating Penal Code § 484, petty theft, a misdemeanor involving moral turpitude. After the conviction became final, the State Bar Court notified Crowell that failing to participate in disciplinary proceedings would result in a disbarment recommendation. Crowell failed to participate, and the State Bar petitioned for disbarment. The order took effect September 8, 2012
Thomas E. Cummings, State Bar #237925, Lake Elsinore (July 13, 2012). Cummings, 55, was disbarred for failing to competently provide legal services, failing to communicate with clients, failing to refund unearned fees, failing to maintain records of client funds, and failing to comply with rule 9.20 of the Rules of Court.

In aggravation, Cummings failed to participate in the State Bar’s investigation and proceedings before entry of his default. The order took effect August 12, 2012

James E. Curtis, IV, State Bar #140709, Riverside (September 25, 2012). Curtis, 55, was disbarred for failing to participate in a disciplinary proceeding after receiving adequate notice and opportunity relating to 36 counts of misconduct in 19 client matters. In addition, Curtis was ordered to pay restitution to his clients. The order took effect October 25, 2012
Nicholas G. Demma, State Bar #47318, Thousand Oaks (July 11, 2012). Demma, 73, was disbarred for failing to comply with rule 9.20 of the Rules of Court.

In aggravation, Demma had a record of prior discipline. The order took effect August 10, 2012

Jonathan S. Dickstein, State Bar #185273, San Francisco (August 9, 2012). Dickstein, 45, was disbarred following his conviction for violating Penal Code § 487(a), grand theft, § 664/487(a), attempted grand theft, § 470(d), forgery, § 72, presenting a false claim, § 550(a)(6), presenting a false or fraudulent claim for health care benefits, and § 182(a)(2), conspiracy to commit grand theft, all felonies involving moral turpitude. His conviction is now final, and the State Bar Court concluded it met the criteria for summary disbarment. The order took effect September 8, 2012
Charla R. Duke, State Bar #95518, Oakland (August 16, 2012). Duke, 60, was disbarred for failing to comply with conditions to a previous order of discipline and failing to respond to the petition for disbarment. The order took effect September 15, 2012
Daniel L. Eisman, State Bar #248617, San Diego (July 13, 2012). Eisman, 37, was disbarred following his conviction for violating Alaska Statutes § 11.61.123(a)(f)(2), indecent viewing or photography, and § 11.61.127(a), possession of child pornography, felonies involving moral turpitude. His conviction is now final, and the State Bar Court concluded it met the criteria for summary disbarment. The order took effect August 12, 2012
Cheryl Jane Erber, State Bar #151382, Palo Alto (August 16, 2012). Erber, 54, was disbarred for failing to participate in a disciplinary proceeding. In addition, she was ordered to pay restitution to two clients. The order took effect September 15, 2012
Sydney K. Ericson, State Bar #50457, Brea (July 16, 2012). Ericson, 70, was disbarred for failing to comply with conditions to a previous order of discipline.

In aggravation, Ericson failed to participate in the State Bar’s investigation and proceedings. The order took effect August 15, 2012

John R. Faith, State Bar #50474, Covina (June 28, 2012). Faith, 65, was disbarred for failing to comply with rule 9.20 of the Rules of Court. The order took effect July 28, 2012
Henry R. Gaxiola, State Bar #138498, Fontana (May 22, 2012). Gaxiola, 52, was disbarred for failing to competently perform legal services and failing to refund unearned fees.

In aggravation, Gaxiola had a record of prior discipline and engaged in multiple acts of wrongdoing. The order took effect June 21, 2012

Patricia A. Gregory, State Bar #226239, Apple Valley (July 18, 2012). Gregory, 62, was disbarred for failing to maintain client funds in trust, misappropriating funds, and failing to obey a court order.

In aggravation, Gregory committed multiple acts of wrongdoing that caused significant harm to her clients. In mitigation, Gregory cooperated with the State Bar by entering into a stipulation. The order took effect August 18, 2012

LeRue J. Grim, State Bar #37485, San Francisco (July 18, 2012). Grim, 84, was disbarred for failing to competently perform legal services, failing to obey court orders, failing to report sanctions, failing to communicate with a client, failing to return a client file, and failing to promptly return unearned fees.

In aggravation, Grim had a record of prior discipline and he engaged in multiple acts of wrongdoing. The order took effect August 17, 2012

Mohamed F. Haffar, State Bar #235731, San Diego (May 22, 2012). Haffar, 33, was disbarred for accepting advance fees in loan modification matters, failing to competently perform legal services, assisting others in the unauthorized practice of law, and failing to promptly refund unearned fees.

In aggravation, Haffar engaged in a pattern of wrongdoing that caused significant harm to his clients. The order took effect June 21, 2012

Moses S. Hall, State Bar #153759, Fullerton (May 22, 2012). Hall, 56, was disbarred for failing to competently perform legal services in loan modification matters, failing to maintain client funds in trust, and engaging in acts involving moral turpitude.

In aggravation, Hall had a record of prior discipline. The order took effect June 21, 2012

Gary L. Harre, State Bar #86938, Fountain Valley (June 27, 2012). Harre, 74, was disbarred for failing to competently provide legal services, misappropriating funds, and failing to refund unearned fees. In aggravation, Harre had a record of prior discipline, and he engaged in multiple acts of wrongdoing that harmed his clients. The order took effect July 27, 2012
William T. Hays, Jr., State Bar #135264, Santa Ana (September 6, 2012). Hays, 54, was disbarred for failing to maintain client funds in trust, misappropriating funds, and misrepresentation.

In aggravation, Hays committed multiple acts of wrongdoing surrounded by dishonesty and overreaching. In mitigation, he had no record of prior discipline since being admitted to the State Bar in 1988. The order took effect October 5, 2012

Errol I. Horwitz, State Bar #86098, Woodland Hills (July 13, 2012). Horwitz, 67, was disbarred for failing to competently provide legal services and engaging in acts of moral turpitude.

In aggravation, Horwitz had a record of prior discipline, and he engaged in multiple acts of wrongdoing. The order took effect August 12, 2012

Ronald A. Jackson, State Bar #49536, Oxnard (August 21, 2012). Jackson, 73, was disbarred for failing to participate in a disciplinary proceeding after receiving adequate notice and opportunity. He was charged with ten counts of misconduct warranting discipline.

In aggravation, Jackson had a record of prior discipline. The order took effect September 20, 2012

George S. Kellner, State Bar #111670, Oakley (July 16, 2012). Kellner, 58, was disbarred following his conviction for violating Penal Code § 129, perjury, and Revenue and Taxation Code § 19706, failing to file tax returns, both felonies involving moral turpitude.

In aggravation, Kellner engaged in multiple acts of wrongdoing. In mitigation, Kellner had no record of prior discipline since being admitted to the State Bar in 1983. The order took effect August 15, 2012

Vafa A. Khoshbin, State Bar #165486, Los Angeles (September 6, 2012). Khoshbin, 52, was disbarred for failing to maintain client funds in trust, failing to promptly disburse client funds, failing to take reasonable steps to avoid foreseeable prejudice, collecting advance fees in loan modification matters, failing to competently perform legal services, failing to refund unearned fees, and committing an act involving moral turpitude. There were eleven other matters involving conduct warranting discipline.

In aggravation, Khoshbin had a record of prior discipline. In mitigation, he cooperated with the State Bar’s investigation and proceedings. The order took effect October 5, 2012

Daniel S. Kodam, State Bar #190703, Murrieta (July 18, 2012). Kodam, 39, was disbarred for fraudulently obtaining $320,000 from contingency fee lawyers an assignment of their fees on settled cases.

In aggravation, Kodam engaged in multiple acts of wrongdoing that caused financial harm. In mitigation, he had no record of prior discipline since being admitted to the State Bar in 1997. The order took effect August 17, 2012

Philip A. Kramer, State Bar #113969, Calabasas (August 16, 2012). Kramer, 53, was disbarred for collecting advance fees in loan modification matters, accepting employment in a jurisdiction where he was not licensed to practice, and failing to refund unearned fees.

In aggravation, Kramer engaged in multiple acts of wrongdoing that demonstrated a pattern of misconduct. In mitigation, he had no record of prior discipline since being admitted to the State Bar in 1984, and he cooperated with the State Bar by entering a stipulation. The order took effect September 15, 2012

Linda N. Lowney, State Bar #83670, Pacifica (August 9, 2012). Lowney, 61, was disbarred for filing a false marriage license, misappropriating more than $340,000, and engaging in acts involving moral turpitude.

In aggravation, Lowney engaged in multiple acts of wrongdoing. In mitigation, she had no record of prior discipline since being admitted to the State Bar in 1978. The order took effect September 8, 2012

Lee A. McCoy, State Bar #153631, Sherman Oaks (July 10, 2012). McCoy, 48, was disbarred for engaging in the unauthorized practice of law, failing to competently perform legal services, collecting illegal fees, and failing to refund unearned fees.

In aggravation, McCoy had a record of prior discipline, and he committed multiple acts of wrongdoing that harmed his clients. In mitigation, McCoy cooperated with the State Bar by entering into a stipulation. The order took effect August 9, 2012

Per C. Onneflod, State Bar #146318, Clovis (May 22, 2012). Onneflod, 52, was disbarred for failing to maintain client funds in trust and engaging in acts involving moral turpitude.

In aggravation, Onneflod had a record of prior discipline. Also, his misconduct significantly harmed a client and demonstrated a pattern of wrongdoing. In mitigation, Onneflod cooperated with the State Bar by entering into a stipulation. The order took effect June 21, 2012

Paul F. Opel, State Bar #101874, Encino (August 9, 2012). Opel, 56, was disbarred for engaging in the unauthorized practice of law and failing to comply with a court order.

In aggravation, Opel had a record of prior discipline and engaged in multiple acts of wrongdoing. The order took effect September 8, 2012

Rickey B. Oxman, State Bar #72172, Santa Fe Springs (June 27, 2012). Oxman, 60, was disbarred for failing to maintain client funds in trust, commingling funds, and failing to timely report sanctions to the State Bar.

In aggravation, Oxman had a record of prior discipline and engaged in multiple acts of wrongdoing. The order took effect July 27, 2012

Rosemary Rodriguez, State Bar #64529, El Cajon (July 13, 2012). Rodriguez, 66, was disbarred for failing to competently perform legal services, failing to maintain client funds in trust, misappropriating advance costs, failing to avoid representing clients with adverse interests, failing to communicate, failing to refund unearned fees, failing to promptly return client files upon termination of employment, failing to comply with conditions to a previous order of discipline, and engaging in an act involving moral turpitude.

In aggravation, Rodriguez had a record of prior discipline and engaged in multiple acts of wrongdoing. The order took effect August 12, 2012

Andrew E. Rubin, State Bar #62587, Los Angeles (July 10, 2012). Rubin, 63, was disbarred for failing to competently perform legal services, failing to respond to reasonable status inquiries, failing to keep a client informed of significant developments, and failing to refund unearned fees.

In aggravation, Rubin had a record of prior discipline and engaged in multiple acts of wrongdoing. The order took effect August 9, 2012

Dennis M. Sacks, State Bar #86377, Riverside (May 22, 2012). Sacks, 63, was disbarred for failing to comply with rule 9.20 of the Rules of Court.

In aggravation, Sacks had a record of prior discipline. The order took effect June 21, 2012

Roger H. Schnapp, State Bar #102861, Newport Beach (July 13, 2012). Schnapp, 66, was disbarred following his conviction for violating Penal Code § 487(a), grand theft, and § 476a(a), issuing a check with intent to defraud, both felonies involving moral turpitude. The conviction is now final and the State Bar Court concluded that it met the criteria for summary disbarment. The order took effect August 12, 2012
Quentin B. Simms, State Bar #153454, Pasadena (July 13, 2012). Simms, 54, was disbarred for failing to competently perform legal services, failing to take reasonable steps to avoid foreseeable prejudice to a client, failing to keep a client informed of significant developments, failing to promptly disburse client funds, disobeying a court order, and failing to refund unearned fees.

In aggravation, Simms had a record of prior discipline and engaged in multiple acts of wrongdoing. The order took effect August 12, 2012

David V. Skinner, State Bar #123426, Rancho Santa Margarita (July 10, 2012). Skinner, 51, was disbarred for failing to participate in disciplinary proceedings related to eight counts of misconduct in three client matters, which included failing to notify a client of the receipt of client funds, failing to promptly disburse client funds, and misappropriating funds. The order took effect August 10, 2012
Larry S. Spears, State Bar #195993, Herndon, VA (July 10, 2012). Spears, 48, was disbarred for failing to respond to a notice of disciplinary proceedings.

In aggravation, Spears had a record of prior discipline. The order took effect August 9, 2012

Reuben A. Spivey, State Bar #143654, Los Angeles (July 18, 2012). Spivey, 71, was disbarred for misappropriating funds.

In aggravation, Spivey’s misconduct was surrounded by dishonesty, concealment, and overreaching. In mitigation, he had no record of prior discipline since being admitted to the State Bar in 1989. The order took effect August 17, 2012

Nolan C. Stringfield, State Bar #113651, El Cajon (July 16, 2012). Stringfield, 69, was disbarred for failing to comply with conditions to a previous order of discipline and failing to participate in the State Bar’s investigation and proceedings. The order took effect August 15, 2012
Jay M. Tenenbaum, State Bar #134221, Irvine (July 19, 2012). Tenenbaum, 53, was disbarred for engaging in the unauthorized practice of law, failing to comply with rule 9.20 of the Rules of Court, and committing an act involving moral turpitude.

In aggravation, Tenenbaum had a record of prior discipline. The order took effect August 18, 2012

Marc R. Tow, State Bar #78429, Overland Park, KS (July 16, 2012). Tow, 61, was disbarred for failing to participate in a disciplinary proceeding after receiving adequate notice and opportunity. He was charged with eight counts of misconduct in two matters, including misappropriating $10,000 in advance costs and making misrepresentations to his client. The order took effect August 15, 2012
Cedric Troncoso, State Bar #86625, Pasadena (July 10, 2012). Troncoso, 61, was disbarred for failing to promptly disburse client funds, failing to maintain client funds in trust, misappropriating funds, seeking to mislead a judge, and failing to obey a court order.

In aggravation, Troncoso engaged in multiple acts of wrongdoing. In mitigation, he had no record of prior discipline since being admitted to the State Bar in 1979. The order took effect August 9, 2012

Paul C. Ward, Jr., State Bar #92369, San Diego (July 12, 2012). Ward, 65, was disbarred following his conviction for violating 18 U.S.C. § 1343 and § 2(a), aiding and abetting wire fraud, 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 August 11, 2012
Stanley Z. White, State Bar #118616, Los Angeles (July 10, 2012). White, 77, was disbarred for failing to competently provide legal services and failing to maintain client funds in trust.

In aggravation, White had a record of prior discipline. The order took effect August 9, 2012

Andrew M. Zanger, State Bar #73268, Santa Monica (May 22, 2012). Zanger, 62, was disbarred for failing to competently perform legal services, failing to respond to reasonable status inquiries, failing to obey a court order, improperly withdrawing from representation, and engaging in acts involving moral turpitude.

In aggravation, Zanger had a record of prior discipline and engaged in multiple acts of wrongdoing. The order took effect June 21, 2012

Actions From Previous Issues

Alan W. Courtney, State Bar #93703, Creston (May 17, 2012). Courtney, 57, was disbarred after being convicted of a felony involving moral turpitude. The order took effect June 16, 2012

This action originally appeared in our November 2012 issue.
Tore B. Dahlin, State Bar #132353, Modesto (February 15, 2012). Dahlin, 59, was disbarred for misappropriating funds, failing to maintain client funds in a client trust account, misrepresenting matters, failing to obey court orders, and engaging in acts involving moral turpitude. The order took effect March 16, 2012

This action originally appeared in our November 2012 issue.
Herbert Davis, State Bar #30870, Tarzana (May 23, 2012). Davis, 76, was disbarred for failing to competently perform legal services and failing to refund unearned fees. The order took effect June 22, 2012

This action originally appeared in our November 2012 issue.
Thomas P. Giordano, State Bar #155548, Irvine (May 17, 2012). Giordano, 52, was disbarred for failing to competently perform legal services, failing to promptly refund unearned fees, settling a legal malpractice claim without informing the client in writing that the client was entitled to seek the advice of an independent lawyer, and engaging in an act involving moral turpitude. The order took effect June 16, 2012

This action originally appeared in our November 2012 issue.
Zachary I. Gonzalez, State Bar #259663, West Covina (May 17, 2012). Gonzalez, 32, was disbarred for failing to competently perform legal services, failing to promptly refund an unearned fee, and failing to return a client file. The order took effect June 16, 2012

This action originally appeared in our November 2012 issue.
Vincent L. Goodwin, State Bar #158570, Mission Viejo (May 18, 2012). Goodwin, 54, was disbarred for failing to competently perform legal services, failing to maintain a client trust account, misappropriating funds, failing to respond to reasonable status inquiries, and failing to promptly release client files upon termination of employment. The order took effect June 17, 2012

This action originally appeared in our November 2012 issue.
Stanley G. Hilton, State Bar #65990, San Francisco (May 17, 2012). Hilton, 62, was disbarred for failing to render an accounting, failing to promptly pay client funds, failing to release a file, reckless driving, engaging in the unauthorized practice of law, charging an illegal fee, and engaging in an act involving moral turpitude. The order took effect June 16, 2012

This action originally appeared in our November 2012 issue.
Robert M. Jason, State Bar #100944, Beverly Hills (February 3, 2012). Jason, 56, was summarily disbarred for violating 26 U.S.C. § 7206(a), filing a false tax return, a felony involving moral turpitude. The conviction is now final, and the State Bar concluded that it met the criteria for summary disbarment. The order took effect March 4, 2012

This action originally appeared in our November 2012 issue.
Luann M. Kelley, State Bar #131841, San Diego (May 17, 2012). Kelley, 61, was disbarred for misappropriating funds, an act that involved moral turpitude. The order took effect June 16, 2012

This action originally appeared in our November 2012 issue.
Thomas G. Key, State Bar #152520, Tustin (February 3, 2012). Key, 62, was disbarred for engaging in the unauthorized practice of law, and collecting advance fees from clients to negotiate home loan modifications in states where he was not licensed to practice. The order took effect March 4, 2012

This action originally appeared in our November 2012 issue.