- ALI ELIAHO GALAM
- NICHOLAS OLIVER HEDDING
- BRUCE GORDON JONES
- KERRINGTON FERNARDO OSBORNE
- CHARLES VICTOR STEBLEY
- MICHAEL STEPHEN KEREKES
- JOSEPH CARLYE BARRERA
- JAEFFREY JACK ARTZ
- DANIEL DUCHANIN
- FRANCISCO SALAZAR NOGALES
- MICHAEL T. PINES
- HARLAN ROY ANTLER
- LUCIO GASCON CALUNGCAGIN JR.
- DAVIDSOON YOUNG LEE
- LAURIE CRAIN RIGG
- DAVID PAUL SCHWARTZ
- TUAN THANH TRAN
- THERESA MARIE ERICKSON
- MARY ANN MULLEN NAGY
- DEBORAH JOY PIMENTAL
- MELCHOR EDUARDO QUEVEDO
- AMOS MERRILL TRIPP
ALI
ELIAHO GALAM [#123778], 53, of Murrieta
was disbarred Nov. 8, 2012, and was ordered to make restitution and comply with
rule 9.20 of the California Rules of Court.
Galam
stipulated that he misappropriated $32,267 from a couple who hired him to
handle their personal injury claims. The couple suffered injuries after a bus
in which they were passengers was hit by another vehicle. Galam represented the
pair on a contingency fee basis.
He settled
the cases with the insurance carrier and received two checks totaling $48,400
that he deposited in his client trust account. Although he was required to
maintain $32,267 in his trust account, he allowed the balance to fall to
$8,458.12 at one point and eventually to zero. Galam closed his trust account
less than a year after settling his clients’ claims. He did not pay their
medical liens.
Galam did
not inform the clients that he’d received their settlement funds and he never
accounted for the money. The misappropriation constituted moral turpitude.
In
mitigation, he had no prior discipline record in 25 years of practice and he
cooperated with the bar’s investigation.
NICHOLAS
OLIVER HEDDING [#227160], 38, of Winnetka
was disbarred Nov. 8, 2012, and was ordered to make restitution and comply with
rule 9.20 of the California Rules of Court.
Hedding
stipulated to misconduct in 10 matters. Five involved loan modifications in
California and three other states where he was not licensed to practice, and
four involved personal injury matters in which he allowed employees to
misappropriate client funds.
Hedding
owned and operated American Law Firm (ALF). In four cases, clients hired him on
a contingency fee basis to handle their personal injury claims. In each case,
he received but did not deposit settlement funds in his client trust account
and allowed his employees to misappropriate the funds, thus committing acts of
moral turpitude. In two of the matters, he did not inform his clients that
settlement offers had been made and he allowed his employees to sign his clients’
names on release forms without their consent, again committing acts of moral
turpitude.
In total, he
allowed his employees to misappropriate $152,166 from the clients.
In the loan
modification matters, he represented clients in Washington, Idaho and Oklahoma,
as well as California. He engaged in the unauthorized practice of law and
collected illegal fees in two states, and in all the cases he violated a
California law that prohibits attorneys from collecting advance fees for loan
modification work before performing any services.
In the final
case, Hedding collected an advance fee in an order to show cause matter but did
not attend the hearing and did not refund the fee.
Hedding was
ordered to reimburse a total of $162,811 plus interest to clients, several medical
providers and an insurance company. He was disciplined in June 2012 after
stipulating to 37 counts of misconduct in 17 matters, many involving loan
modifications, some undertaken in states where Hedding is not licensed to
practice.
BRUCE
GORDON JONES [#43448], 71, of Oxnard
was disbarred Nov. 8, 2012, and was ordered to make restitution and comply
with rule 9.20 of the California Rules of Court.
Jones was
suspended and placed on probation in 2011 but did not comply with probation
conditions. He did not file four quarterly probation reports or submit proof
that he made restitution, completed ethics school or passed the MPRE.
According to
the stipulation, disbarment is warranted if an attorney has a record of two
prior disciplines. In the underlying matter, Jones stipulated to six counts of
misconduct in two matters, including failures to perform legal services
competently, respond to a client’s status requests, refund an unearned fee or
return a client file, and he disobeyed a court order. He also was publicly
reproved in 1992 for misdemeanor dissuading a witness from prosecuting a crime.
In mitigation, Jones cooperated with the bar by entering into a stipulated
settlement of the disciplinary charges.
KERRINGTON
FERNARDO OSBORNE [#146539], 50, of Redlands was disbarred Nov. 8, 2012, and was ordered to
comply with rule 9.20 of the California Rules of Court.
Osborne was
placed on interim suspension March 9, 2011, following a conviction for grand
theft, a misdemeanor involving moral turpitude. As part of that discipline, he
was ordered to comply with rule 9.20 by notifying his clients, opposing counsel
and other interested parties of his suspension from practice. When he did not
comply with the rule, he was charged with violating a court order. He failed to
respond to the charges against him or participate in discipline proceedings and
his default was entered.
Under rule
5.85 of the bar’s Rules of Procedure, any attorney who makes no effort to have
the default set aside within 180 days is subject to disbarment. Osborne did not
move to have his default vacated and is now disbarred.
The grand
theft conviction was the result of Osborne’s attempt to cash an altered $1,710
check in his name. The check originally was made payable to another person in
the amount of $117.80.
CHARLES
VICTOR STEBLEY [#158219], 67, of El Dorado Hills was disbarred Nov. 8, 2012, and was ordered to
comply with rule 9.20 of the California Rules of Court.
Stebley was
charged in 2011 with 18 counts of misconduct but when he failed to respond to
the charges his default was entered. Under rule 5.85 of the bar’s Rules of
Procedure, any attorney who makes no effort to have the default set aside
within 180 days is subject to disbarment. The State Bar noted in its petition
that Stebley has six other disciplinary matters pending, as well as 11 claims
for reimbursement from the Client Security Fund. He also was disciplined in
2011 for misconduct in three client matters. His default was entered when he
failed to appear at trial.
The latest
charges against him are deemed proven. They include: failures to maintain
client funds in trust, perform legal services competently, keep clients
informed of developments in their cases or communicate with clients,
misappropriation of $4,361, withdrawing from representation without protecting
his clients’ interests, writing checks against insufficient funds and
committing acts of moral turpitude. He was ordered to make restitution totaling
$11,789.
MICHAEL
STEPHEN KEREKES [#130267], 50, of Santa Monica was summarily disbarred Nov. 8, 2012, and was
ordered to comply with rule 9.20 of the California Rules of Court.
Kerekes
pleaded guilty in 2009 to federal conspiracy charges involving attempted
evasion of income taxes, making a false income tax return, aiding in the
preparation of false tax returns and trying to obstruct the administration of
internal revenue laws. He was placed on interim suspension July 17, 2009.
Because
conspiracy is a felony involving moral turpitude, Kerekes was subject to
summary disbarment.
JOSEPH
CARLYE BARRERA [#219583], 47, of Santa Cruz was summarily disbarred Nov. 23, 2012, and was
ordered to comply with rule 9.20 of the California Rules of Court.
Barrera
pleaded no contest to two counts of forgery in 2011. Because the offenses are
felonies involving moral turpitude, they meet the criteria for summary
disbarment. He has been on interim suspension since Feb. 27, 2012.
Barrera also
was placed on interim suspension in April 2012 after a conviction for felony
possession of methamphetamine.
JAEFFREY
JACK ARTZ [#163141], 59, of Santa Fe Springs was disbarred Nov. 16, 2012, and was ordered to
comply with rule 9.20 of the California Rules of Court.
Artz failed
to comply with a rule 9.20 requirement in a 2010 disciplinary order; failure to
comply with the rule is grounds for disbarment. Although Artz had appealed the
State Bar Court hearing judge’s findings and recommendation, the court’s review
department went forward with the disbarment. It rejected Artz’ assertion that
his due process rights were violated because he did not receive the
disciplinary order, his claims of an equal protection violation and charges
that the judge was biased.
In the
underlying matter, Artz stipulated in 2010 that he failed to perform legal
services competently in eight matters, he commingled funds and was disbarred by
the Ninth Circuit in 2009. Artz filed a required affidavit stating that he
notified his clients, opposing counsel and other interested parties of his
suspension more than a month late.
Artz said he
learned about the rule 9.20 requirement after his suspension order but the
review judges said he was aware of the order earlier. Instead of contacting the
bar, the review panel wrote, “he left on an extended trip to Canada after
stopping for four or five days in Fresno, where he appeared in Superior Court
on behalf of a client on Oct. 15 (2010) knowing his suspension was in effect on
that date.”
Artz took no
steps to have someone monitor his mail during his absence and he did not
contact the bar or the Supreme Court to clarify his disciplinary status. By his
own admission, he spent the month of November, after his return from Canada,
watching television.
The review
department also said Artz’ appearance in a Fresno court amounted to the
unauthorized practice of law and it found his “indifference to his professional
responsibilities” as an additional aggravating factor. The judges rejected
three mitigating factors found by the hearing judge; they found no mitigation.
DANIEL
DUCHANIN [#189983], 49, of Oklahoma City, was disbarred Nov. 16, 2012, and was ordered to
comply with rule 9.20 of the California Rules of Court.
Duchanin
failed to comply with probation conditions attached to a 2010 disciplinary
order and his default was entered in 2011. Under rule 5.85 of the State Bar’s
Rules of Procedure, if any attorney does not respond to disciplinary charges
and move to have his default vacated within 180 days, he can be disbarred.
In the
underlying discipline, the State Bar Court found that Duchanin committed
misconduct in five matters, including failures to perform legal services
competently, inform his client of a significant development, obey a court
order, refund unearned fees, release a client file, account for client funds or
deposit client funds in a trust account. He also improperly withdrew from
employment.
Although
Duchanin advised the bar that he intended to resign, he was nonetheless
required to answer the charges against him.
FRANCISCO
SALAZAR NOGALES [#212819], 58, of Newhall
was disbarred Nov. 16, 2012, and was ordered to comply with rule 9.20 of the
California Rules of Court.
Nogales
stipulated to eight counts of misconduct in three client matters, all involving
his failure to obtain loan modifications for his clients. He was ordered to
make restitution totaling $24,300.
Nogales
worked as a consultant for the city of Los Angeles for seven years and when he
lost his job, he answered an advertisement on Craigslist seeking an attorney
“for foreclosure relief.” He also had worked for a short time at Advantage Tax
Relief (ATR), a company that represented debtors in negotiated settlements of
state and federal income tax arrearages and tax liens. Nogales purchased ATR
for about $100 and joined a group of non-lawyers offering foreclosure services,
calling his practice Nogales Law Center (NLC). ATR and NLC operated separately
but were in offices next door to one another.
Within a few
months, NLC was signing up more than 30 new clients per week but after
receiving complaints about his client intake personnel, Nogales fired many
employees and halted his radio advertising.
Clients
generally paid a $3,800 fee, of which $1,000 went to a company called “National
Association of Mortgage Auditors” (NAMA) which performed a “forensic audit.” Most
of the remaining fee was used for marketing services. Approximately 10-15
percent of the clients received a forensic audit, but Nogales said almost all
mortgage loan documents supplied by lenders included errors, most of which were
obvious without a NAMA audit. After the forensic loan review, Nogales requested
another $5,000 from each client as a “litigation retainer.”
Nogales knew
little about loan modifications and eventually shut down ATR without notice to
his clients. He also eventually closed NLC and advised his clients they would
receive their files, an accounting and a refund within 60 days. That did not
happen. No client received a loan modification and Nogales provided virtually
no services to the clients who were covered in the stipulation.
In 2011, he
admitted misconduct in 42 matters. That stipulation and another reached later
in 2011 are pending before the Supreme Court. In the newest case, Nogales
stipulated to eight more counts of misconduct in his dealings with three other
clients who hired him to obtain a loan modification.
He admitted
he failed to perform legal services competently, abandoned clients without
taking steps to protect their interests and he violated state law that
prohibits attorneys from accepting advance fees for loan modification work.
In
mitigation, Nogales stipulated to his disbarment and suffered personal family
tragedies that led to depression and alcohol abuse.
MICHAEL
T. PINES [#77771], 60, of Carlsbad
was disbarred Nov. 16, 2012, and was ordered to comply with rule 9.20 of the
California Rules of Court.
Pines failed
to respond to charges of 18 counts of misconduct and his default was entered in
August 2011. Under rule 5.85 of the bar’s Rules of Procedure, any attorney who
does not respond to disciplinary charges and makes no move to set aside his
default within 180 days is subject to disbarment.
The charges
were deemed admitted when Pines’ default was entered. They involved his
representation of three clients who lost their homes to foreclosure and
advising them to retake their former homes by forcibly breaking into them after
new owners had taken title.
In the first
matter, Pines was charged with committing an act of moral turpitude by
threatening the new property owner of his client’s former property, refusing to leave the property when instructed and violating the terms of temporary
restraining orders. He failed to perform legal services competently by advising
his clients they had a legal right to possess certain property when they did
not. He also said the clients had the right to enter their former homes. Pines
also made criminal threats and failed to provide respect to the courts.
In the
second matter, he was charged with moral turpitude for advising his client
to break into his former residence, trespass and aid and abet vandalism.
He helped
other clients move back into their former homes, exposing them to civil and
criminal liabilities by encouraging them to trespass, ignore police warnings
and vandalize property. Pines also was charged with trespass and contempt of
court.
Pines was
placed on interim suspension last year following a conviction for misdemeanor
attempted burglary.
HARLAN
ROY ANTLER [#166873], 65, of Sacramento
was disbarred Nov. 23, 2012, and was ordered to comply with rule 9.20 of the
California Rules of Court.
Antler did
not respond to State Bar charges that he failed to comply with rule 9.20, part
of a 2011 disciplinary order. As a result, his default was entered. Under rule
5.85 of the bar’s Rules of Procedure, any attorney who does not respond to
disciplinary charges and makes no move to set aside his default within 180 days
is subject to disbarment.
In the
underlying discipline, Antler stipulated to misconduct in three matters,
including failures to perform legal services competently, respond to reasonable
status inquiries or return a client file and unearned fees. He also accepted
fees from a non-client, did not deposit client funds in a client trust account
and did not account for client funds.
In addition
to not filing a declaration that he had notified his clients, opposing counsel
and other interested parties of his suspension, Antler did not make restitution
of his former client’s claim for $54,582, as required by the 2011 disciplinary
order.
LUCIO
GASCON CALUNGCAGIN JR. [#134519], 64, of Anaheim was disbarred Nov. 23, 2012, and was ordered to
comply with rule 9.20 of the California Rules of Court.
Calungcagin
did not respond to State Bar charges that he failed to comply with rule 9.20,
part of a 2010 disciplinary order. As a result, his default was entered. Under
rule 5.85 of the bar’s Rules of Procedure, any attorney who does not respond to
disciplinary charges and makes no move to set aside his default within 180 days
is subject to disbarment.
In the
underlying discipline, the Supreme Court revoked Calungcagin’s probation from a
2009 case because he failed to comply with three probation conditions. The
original discipline was imposed after Calungcagin stipulated that he failed to
perform legal services competently or deposit two checks totaling more than
$6,000 into his client trust account.
In the
newest case, Calungcagin did not submit a declaration to the State Bar Court that
he had notified his clients, opposing counsel and other interested parties of
his suspension. His failure to act violated rule 9.20.
DAVIDSOON
YOUNG LEE [#229873], 38, of Los Angeles
was disbarred Nov. 23, 2012, and was ordered to comply with rule 9.20 of the
California Rules of Court.
Lee did not
respond to State Bar charges in 2011 that he committed 17 counts of misconduct
in 11 cases and as a result, his default was entered. Under rule 5.85 of the
bar’s Rules of Procedure, any attorney who does not respond to disciplinary
charges and makes no move to set aside his default within 180 days is subject
to disbarment.
The
allegations are deemed admitted and include failures to perform competent legal
services, promptly refund unearned fees, return client papers, account for
client funds, properly maintain client funds in a trust account or cooperate
with the bar’s investigation. Lee committed acts of moral turpitude by
making misrepresentations to a client. He also charged an illegal fee, practiced law
while suspended, violated court orders and wrote checks against insufficient
funds.
He was
ordered to make restitution of nearly $44,000.
LAURIE
CRAIN RIGG [#145237], 49, of Rolling Hills Estates was disbarred Nov. 23, 2012, and
was ordered to comply with rule 9.20 of the California Rules of Court.
Rigg did not
respond to State Bar charges filed in 2011 that she committed 18 counts of
misconduct in five cases and as a result, her default was entered. Under rule
5.85 of the bar’s Rules of Procedure, any attorney who does not respond to
disciplinary charges and makes no move to set aside her default within 180 days
is subject to disbarment.
The
allegations are deemed admitted and include charges that Rigg failed to perform
legal services competently, return client papers, promptly refund unearned fees
or cooperate with the bar’s investigation.
She was ordered
to make restitution totaling $5,280 plus 10 percent interest.
DAVID
PAUL SCHWARTZ [#45914], 70, of Ojai was
disbarred Nov. 23, 2012, and was ordered to comply with rule 9.20 of the
California Rules of Court.
Schwartz did
not respond to State Bar charges in 2011 that he failed to comply with rule
9.20, part of a 2010 disciplinary order. As a result, his default was entered.
Under rule 5.85 of the bar’s Rules of Procedure, any attorney who does not
respond to disciplinary charges and makes no move to set aside his default
within 180 days is subject to disbarment.
In the
underlying matter, Schwartz failed to comply with the probation conditions of a
2009 disciplinary order imposed when he stipulated that he improperly withdrew
from representation and failed to inform his client of significant
developments, promptly return the client’s file and failed to cooperate with
the bar’s investigation.
In the
newest matter, he did not submit a declaration to the State Bar Court that he
had notified his clients, opposing counsel and other interested parties of his
suspension. His failure to act violated rule 9.20.
TUAN
THANH TRAN [#202837], 44, of Irvine was
disbarred Nov. 23, 2012, and he was ordered to comply with rule 9.20 of the
California Rules of Court.
Tran
stipulated to 39 counts of misconduct in 12 personal injury cases. He admitted
misappropriating $151,397 from 13 clients and was ordered to make restitution
in that amount plus 10 percent interest. Tran settled claims without his
clients’ consent, did not place settlement funds in a client trust account and
failed to communicate with clients or pay their medical providers. He also made
misrepresentations to clients.
In one
matter, Tran settled his clients’ claims for $109,000 and told the clients he was
negotiating their medical bills when they inquired about the status of their
case. In fact, one of the doctors he said he was negotiating with had died. He
gave the clients two checks totaling $10,000 and failed to maintain the
required balance — $53,000 — in his trust account. Tran used the money for his
personal benefit.
He
misappropriated $48,000 from another client after settling his claim without
his consent. Tran received a $60,000 settlement and was required to maintain
$48,000 in his client trust account. He did not give any money to the client,
using it instead for his personal benefit.
THERESA
MARIE ERICKSON [#197830], 45, of Poway was
summarily disbarred Nov. 30, 2012, and was ordered to comply with rule 9.20 of
the California Rules of Court.
Erickson
pleaded guilty in 2011 to conspiracy to commit wire fraud. Because the crime is
a felony involving moral turpitude, it meets the criteria for summary
disbarment.
She has been
on interim suspension since March 2, 2012.
MARY
ANN MULLEN NAGY [#171942], 57, of Cheshire, Conn., was disbarred Nov. 30, 2012, and
was ordered to comply with rule 9.20 of the California Rules of Court.
Nagy did not
respond to State Bar charges in 2011 that she failed to comply with rule 9.20,
part of a 2010 disciplinary order. As a result, her default was entered. Under
rule 5.85 of the bar’s Rules of Procedure, any attorney who does not respond to
disciplinary charges and makes no move to set aside her default within 180 days
is subject to disbarment.
In the
underlying discipline, Nagy was in default for failing to comply with the
probation conditions of a 2009 private reproval issued for not complying with
conditions of an agreement in lieu of discipline and for failing to perform
services or communicate with clients.
She did not
submit to the State Bar Court an affidavit that she notified her clients,
opposing counsel and other interested parties of her suspension.
DEBORAH
JOY PIMENTAL [#115182], 57, of San Ramon
was disbarred Nov. 30, 2012, and was ordered to comply with rule 9.20 of the
California Rules of Court.
Pimental did
not respond to State Bar charges in 2011 that she committed 16 counts of
misconduct in six cases and as a result, her default was entered. Under rule
5.85 of the bar’s Rules of Procedure, any attorney who does not respond to
disciplinary charges and makes no move to set aside her default within 180 days
is subject to disbarment.
The
allegations are deemed admitted and include failures to refund unearned fees,
pay court-ordered sanctions, report sanctions to the State Bar, communicate
with clients, perform legal services competently and keep clients informed of
significant developments in their case. She also violated California law by
obtaining an advance fees for loan modification services four times, violated
court orders, made misrepresentations to the court, and she filed fraudulent
petitions with the Bankruptcy Court for the sole purpose of using the proof of
electronic filing to forestall foreclosure for her clients.
Pimental
also was ordered to make restitution of almost $20,000 plus 10 percent
interest.
MELCHOR
EDUARDO QUEVEDO [#103144], 62, of Chula Vista was disbarred Nov. 30, 2012, and was ordered to
comply with rule 9.20 of the California Rules of Court.
Quevedo was
terminated from the State Bar’s Alternative Discipline Program for lawyers with
substance abuse or mental health issues. He failed to comply with the ADP
requirements and thus became subject to a more severe level of discipline. The
State Bar Court also found that Quevedo committed additional misconduct,
including making misstatements in a declaration he filed with the bar court,
making a misrepresentation to a client and failing to refund unearned fees of
$15,000 or account for client funds.
He
stipulated in 2010 that he committed 17 acts of misconduct in eight matters; he
committed acts of moral turpitude by writing checks against insufficient funds,
misappropriating client funds and making misrepresentations to a client. He
failed to maintain client funds in a trust account, did not cooperate with the
bar’s investigation and did not avoid interests adverse to a client.
Quevedo also
was ordered to make restitution of almost $40,000 plus 10 percent interest to
five clients.
AMOS
MERRILL TRIPP [#84036], 69, of Blue Lake
was disbarred Nov. 30, 2012, and was ordered to comply with rule 9.20 of the
California Rules of Court.
Tripp
stipulated to four counts of misconduct related to practicing law for nearly
four years while on inactive status. He was ineligible to practice from 1993-97
because he did not provide proof that he completed his MCLE requirements.
During that time, he acted as a general legal counsel for United Indian Health
Services, a job he began in 1984.
He never
informed the UIHS board or staff that he was ineligible to practice and he gave
legal advice and represented himself as a lawyer while on inactive status.
He
stipulated that he collected an illegal fee (his salary), held himself out as
eligible to practice law when he was not entitled, committed acts of moral
turpitude and failed to cooperate with the bar’s investigation.
In
mitigation, he had no record of discipline since his 1978 admission to the bar.
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