Angles John Phillip 84774 Binder3
Angles John Phillip 84774 Binder3
Angles John Phillip 84774 Binder3
5992
IN BANK
the practice of law and that his-name be stricken from the roll of
(C) ¯
,/)
I, Judy Duffield, hereby certify that I am Clerk of the State Bar Court, and
that as such, I am the custodian of all records and files of the State Bar
Court, and that the following is a full, true and correct copy of a resolution
or resolutions adopted as the decision or recommendation of the Review
Department of the State Bar Court on November 3, 1988, insofar as it
relates to the following proceeding:
Dated:
DECLARATION OF SERVICE
Charles Nettl~s~ - ~
Administrative Assistant
Effectuations Unit
Office of the State Bar Court
THE s XrE BAR
OFFICE OF STATE BAR COURT
0FCALIF0RNIA ,,,,,c,o,. STu,gl",,.
COURT CLERK’S OFFICE, 818 WEST SEVENTH STREET, SUITE 201, LOS ANGELES, CALIFORNIA 90017-3432 (213} 689-6200
A copy of Kules 450-452 and 562 are enclosed for reference. Kule 562 permits.
an application for hearing de novo or to present additional evidence within ten
(10) days after service of the Decision. The rules also provide that a written
request for review may be made within fifteen (15) days after service of notice
of action by the hearing panel on such application or within fifteen (15) days
after service of the enclosed,Decision (Rule 450(a)).
Please consult the text of the enclosed Kules of Procedure for the exact
statement of procedures.
The Court Clerk’s Office of the State Bar Court can provide the dates upon
which the I~eview Department is Likely to act on this matter. Formal
notification of the action in this matter will be forthcoming from the
Effectuation of Decision section of the Court Clerk’s Office. Time Limits
required by the applicable rules will commence from the date of the final
notification.
DECLAKATION OF SEItVICE
I, the undersigned, over the age of 18.year_§, whose business and place of
employment is 818 West Seventh Street, Los Angeles, California, declare that I
am not a party to the within action; that in the City and County of Los
Angeles, on the date shown below, I deposited a true copy of the above Notice,
Hearing Panel Decision and Kule of Procedure 450-452 and 562; in a sealed
envelope as follows:
3 JUN £ 0 ~
STATE BAR COURT
4 CLERK’S OFFICE ).~’"
LOS ANGELES
5
STATE BAR COURT
6
STATE OF CALIFORNIA
7
DISTRICT 7
8
IN THE MATTER OF ) 84-1-570 LA
9 )
10
JOHN PHILLIP ANGLES, ) DECISION AFTER
) RECONSIDERATION
A MEMBER OF THE STATE BAR )
11
)
12 The above-entitled matter came on regularly for hearing on
13 June 24, 1987, September 28, 1987, November 18, 1987 and March 7,
15 and sole Referee and Robert Deering, Examiner for the State Bar.
20 The hearings on June 24, 1987 and March 7, 1988 were reported
13 dated March 18, 1988. No renewed request to reopen the matter was
14 thereafter presented.
22 FINDINGS OF FACT
23 As specifically alleged in the Notice to Show Cause filed
24 herein:
27 (Oral stipulation.)
28 //
-2-
I Count One
2 (Craig)
3 2. Jennie Craig (Bruccheri) hired respondent on or about
4 December 23, 1983 to collect back child support from her ex-
16 (Exhibit 26.)
26 telephone bills.)
27 I0. By letter dated December 18, 1984 from Respondent’s
-3-
1 she signed and returned. (Craig testimony; Exhibit 29 (cover
2 letter) a~d Exhibit 28 (declaration).)
13 14. Ms. Villani knew Respondent from having done work for
14 him as a court reporter and from a referral from another lawyer.
19 15. On that day, she met with Respondent, who told her that
20 since escrow had not been started, there was no problem in
27 (Villani testimony.)
28 18. The lis pendens was also expunged on or about September
-4-
1 14, 1982, by motion of the Turners, because the suit involved
2 return of a deposit, that is, not to enforce an interest in real
10 aware that there had been a motion to expunge the lis pendens or
12 21. After receiving the billing, Ms. Villani and her husband
13 heard nothing more from Respondent. (Villani testimony.)
19 reviewed the court file herself, realizing for the first time that
2O the lis pendens had been expunged and that Respondent did not even
27 25. The Villanis never recovered the $5,000 deposit and were
-5-
I Count Three
2 (Ray}
3 26. The State Bar requested that this count be dismissed.
4 Count Four
5 (Frankot)
6 27. John Frankot is an auditor for the State Board of
7 Equalization, resides in Sacramento, California, and is typically
15 and 16.)
22 a blood test; Respondent told him not worry about the motion and
10 aside the default be brought and that time was running to do so;
13 that letter.)
16 testimony.)
22 38. Mr. Frankot became more and more frustrated and spoke to
-7-
1 40. Mr. Frankot asked for his file, but did not receive it.
2 (Frankot testimony.)
3 41. On January 12, 1984, Mr. Frankot drove from Sacramento
4 to Los Angeles and reviewed the court file. (Frankot testimony.)
8 (Frankot testimony.)
9 43. The motion to set aside the default was denied.
10 (Frankot testimony; Exhibit 23, Superior Court file.)
11 44. Mr. Frankot retained a new attorney. (Frankot
12 testimony.)
16 case, which amounted to $2,000 fees for the new attorney and
18 Respondent.)
26 49. No refund of the fees paid by Mr. Frankot was ever made
27 by Respondent, nor did Respondent pay any of the additional
-8-
1 (Frankot testimony.)
2 Count Five
3 (Costello)
4 50. Ella Costello, a supervisor of mails for the United
5 States Postal Service in West Covina, engaged Respondent to
6 represent her in marital dissolution proceedings on or about
7 February 14, 1983, at which time she paid him $630 in cash as
12 (Costello testimony.)
14 she came to retain Respondent, that is, that her husband had filed
15 for marital dissolution and that she had been served with legal
8 situation and the default she came to learn had been entered.
9 (Costello testimony.)
10 57. After waiting almost 3 hours to see him, she was finally
11 able to speak with Respondent, who. said that he would take care of
15 was never there when she came to the appointments; and on one
16 occasion, she came without an appointment and was told that he had
20 testimony.)
27 Exhibit 34.)
-i0-
1 had paid to Respondent, which refund never came. (Costello
2 testimony; Exhibit 34.)
16 (Quesada testimony.)
17 67. Ms. Quesada testified that she was told that the entire
18 process would cost $350; Respondent testified that this was never
21 about April 14, 1981 and one one for $150 on or about May 13,
23 those checks.)
26 testimony.)
-ii-
1 71. Although she testified at the State Bar hearing (through
2 an interpreter) that she did not speak English, she also testified
3 that Respondent had lied to the judge (in English), but did not
10 husband by publication.
19 75. She was paying $75 per month and her husband was seeking
21 76. She met with Respondent in April 1984 and discussed her
24 !testimony.)
26 from her mother and met with Respondent, this time also signing a
-12-
1 file.)
2 78. The first hearing on the modification request was set
3 for April 24, 1984; Respondent told her that she did not have to
4 appear because it would be continued. (Hernandez testimony;
5 Exhibit 2.)
11 was always Ms. Hernandez who had to initiate the inquiries about
24 (Hernandez testimony.)
25 84. He also told her that the hearing date had been
26 continued to September 13, 1984; later, he told her the date was
27 continued to September 21, 1984. (Hernandez testimony.) She
-13-
1 calendar. (Hernandez testimony; Exhibit 2.)
2 85. She then went to Respondent’s office some 8-10 times to
3 speak with him, but he was never there. (Hernandez testimony.)
13 EVIDENCE IN MITIGATION
14 91. None was offered by Respondent, except that some of the
15 matters occurred within less than four years from when he was
16 admitted to practice.
25 CONCLUSIONS OF LAW
26 Count One
27 94. Findings of Fact 2 through 11, the evidence on which
28 those findings are based, and the record in general, clearly and
-14-
1 convincingly support the Conclusion of Law that Rule 6-101(A) (2)
2 of the Rules of Professional Conduct was violated, that is, that
3 Respondent failed to use reasonable diligence and his best
4 judgment in the exercise of his skill and in the application of
5 his learning in an effort to accomplish, with reasonable speed,
6 the purpose for which he was employed. He abandoned the client.
7 He also misrepresented what he was going to do. Specifically, the
8 client, Ms. Craig, testified that she needed to recover back child
9 support because she was on disability. Respondent knew this, but
10 did not pursue the matter on her behalf after initially failing to
11 secure service on her former husband.
12 95. Findings of Fact 2 through 12, the evidence on which
13 those findings are based, and the record in general, clearly and
-15-
1 convincingly support the Conclusion of Law that the provisions of
2 Business and Professions Code §6068(a) were violated, that is,
3 Respondent did not support the laws of this State, and
4 specifically the provisions of Business and Professions Code
5 §6103.
6 98. Findings of Fact 2 through 12, the evidence on which
7 those findings are based, and the record in general, clearly and
8 convincingly support the Conclusion of Law that the provisions of
9 Rule 2-III(A)(2) of the Rules of Professional conduct, that is, he
10 willfully withdrew from employment without taking reasonable steps
23 costs had been awarded against them due to the improvident and
28 those findings are based, and the record in general, clearly and
(-
1 convincingly support the Conclusion of Law that Rule 2-III(A)(3)
15 those findings are based, and the record in general, clearly and
20 §6103.
22 those findings are based, and the record in general, clearly and
27 Count Three
-17-
1 dismissed.
2 Coumt Four
3 105. Findings of Fact 27 through 48, the evidence on which
4 those findings are based, and the record in general, clearly and
5 convincingly support the Conclusion of Law that Rule 6-I01(A)(2)
6 of the Rules of Professional Conduct was violated, that is, that
7 Respondent failed to use reasonable diligence and his best
8 judgment in the exercise of his skill and in the application of
19 those findings are based, and the record in general, clearly and
25 the support Mr. Frankot was held liable for due to the entry of
26 default.
28 those findings are based, and the record in general, clearly and
-18-
1 convincingly support the Conclusion of Law that Rule 2-III(A)(2)
4 to his client all papers and property to which the client was
9 those findings are based, and the record in general, clearly and
14 those findings are based, and the record in general, clearly and
19 §6103.
20 Count Five
21 ii0. Findings of Fact 50 through 61 and 63, the evidence on
22 which those findings are based, and the record in general, clearly
14 those findings are based, and the record in general, clearly and
19 those findings are based, and the record in general, clearly and
24 §6103.
26 those findings are based, and the record in general, clearly and
-20-
I willfully withdrew from employment without taking reasonable steps
3 Count Six
4 115. Ms. Quesada’s testimony was not credible as to her
5 claims that Respondent had failed to perform further services for
6 her. The credible evidence was that she did not cooperate and did
7 not advance the costs necessary to serve her husband.
8 116. Accordingly, the State Bar did not prove this count by
9 clear and convincing evidence.
10 Count Seven
11 117. Findings of Fact 74 through 90, the evidence on which
12 those findings are based, and the record in general, clearly and
-21-
1 Respondent willfully withdrew from employment without promptly
2 refunding an unearned fee paid in advance.
3 119. Findings of Fact 74 through 90, the evidence on which
4 those findings are based, and the record in general, clearly and
14 §6103.
26 (hereinafter "Standards").
27 123. However, when a pattern of willfully failing to perform
-22-
1 which he or she was retained has been shown, the standards require
2
disbarment. Std. 2.4(a) of Standards.
3 124. Whenever a member is culpable of fraud or intentional
4 dishonesty towards a client or is culpable of concealment of a
15 Standard 1.3.
27 of not receiving what they were told they would get for the
2 Standard 1.3.
3 RECOMMENDATION
4 133. The undersigned Referee recommends that Respondent be
5 disbarred.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
THE ST rE BAR
~OFFICE OF STATE BAR COURT
0FCALIF0RNIA ~i,~c,o,, STUART A. FORSYTH
COURT CLERK’S OFFICE, 818 WEST SEVENTH STREET, SUITE 201, LOS ANGELES, CALIFORNIA 90017-3432 (213) 689-6200
PERSONAL AND CONFIDENTIAL
NOTICE ACCOMPANYING SERVICE OF
HEARING PANEL DECISION IN
CASE NUMBER 83-0-11213 IN TI{E MATTER OF John Phillip Angles
(86-0-180LA) (84-I-570LA) (84-I-630LA) (87-I-011SR) *Correction
Enclosed is the Hearing Panel Decision filed in the above-numbered matter.
A copy of Rules 450-452 and 562 are enclosed for reference. Rule 562 permits
an application for hearing de novo or to present additional evidence within ten
(10) days after service of the Decision. The rules also provide that a written
request for review may be made within fifteen (15) days after service of notice
of action by the hearing panel on such application or within fifteen (15) days
after service of the enclosed Decision (Rule 450(a)).
Please consult the text of the enclosed Rules of Procedure for the exact
statement of procedures.
The Court Clerk’s Office of the State Bar-Court can provide the dates upon
which the Review Department is likely to act on this matter. Formal
notification of the action in this matter will be forthcoming from the
Effectuation of Decision section of the Court Clerk’s Office. Time limits
required by the applicable rules will commence from the date of the final
notification.
DECLARATION OF SERVICE
I, the undersigned, over the age of 18 years, whose business and place of
employment is 818 West Seventh Street, Los Angeles, California, declare that I
am not a party to the within action; that in the City and County of Los
Angeles, on the date shown below, I deposited a.,true copy of the above Notice,
Hearing Panel Decision and Rule of Procedure 450-452 and 562; in a sealed
envelope as follows:
COURT CLERK’S OFFICE, 818 WEST SEVENTH STREET, SUITE 201, LOS ANGELES; CALIFORNIA 90017-3432 (213) 689-6200
A copy of Rules 450-452 and 562 are enclosed for reference. Rule 562 permits
an application for hearing de novo or to present additional evidence within ten
(10) days after service of the Decision. The rules also provide that a written
request for review may be made within fifteen (15) days after service of notice
of action by the hearing panel on such application or within fifteen (15) days
after service of the enclosed Decision (Rule 450(a)).
Please consult the text of the enclosed Rules of Procedure for the exact
statement of procedures.
The Court Clerk’s Office of the State Bar. Court can provide the dates upon
which the Review Department is likely to act on this matter. Formal
notification of the action in this matter will be forthcoming from the
Effectuation of Decision section of the Court Clerk’s Office. Time limits
required by the applicable rules will commence from the date of the final
notification.
DECLARATION OP SERVICE
I, the undersigned, over the age of 18 years, whose business and place of
employment is 818 West Seventh Street, Los Angeles, California, declare that I
am not a party to the within action; that in the City and County of Los
Angeles, on the date shown below, I deposited a,true copy of the above Notice,
Hearing Panel Decision and Rule of Procedure 450-452 and 562; in a sealed
envelope as follows:
I dBLIC MATTER
1
2
4
3~ATE BAR COURT
CLERK’S OFFICE
5 L OS ANGELES
STATE BAR COURT
6
STATE OF CALIFORNIA
7
DISTRICT 7
8 86-0-180 LA (83-0-11213)
IN THE MATTER OF ) S~-~-~2~ LA 84-I-570 LA JE
9 ) 84-I-630 LA
JOHN PHILLIPANGLES, ) 87-I-011 ~*SR
10 )
A MEMBER OF THE STATE BAR ) DECISION
11 )
12 The above-entitled matter came on regularly for hearing on
13 June 24, 1987, September 28, 1987, November 18, 1987 and March 7,
15 and sole Referee and Robert Deering, Examiner for the State Bar.
20 The hearings on June 24, 1987 and March 7, 1988 were reported
-i-
1 to his being required to appear as a witness in an out-of-state
13 dated March 18, 1988. No renewed request to reopen the matter was
14 thereafter presented.
19 FINDINGS OF FACT
21 herein:
24 (Oral stipulation.)
25 Count One ~
26 (Craig)
28 December 23, 1983 to collect back child support from her ex-
-2-
1 husband. (Craig testimony.)
7 Show Cause and related papers with the Los Angeles County Superior
12 (Exhibit 26.)
14 and the hearing set for May i, 1984 was taken off calendar.
22 telephone bills.)
28 testimony.)
-3-
1 12. Respondent never refunded the fees Ms. Craig paid to
2 him. (Craig testimony.)
3 Count Two
4 (Villani)
5 ~13. Darlene Villani and her ex-husband had entered into an
6 agreement to purchase a home, making a $5,000 deposit, but the
7 sellers (the Turners) refused to make certain repairs prior to the
8 close of the transaction. (Villani testimony.)
9 14. Ms. Villani knew Respondent from having done work for
10 him as a court reporter and from a referral from another lawyer.
11 On or about April 20, 1982, she retained Respondent to recover the
12 $5,000 deposit, on which occasion a $i,000 advance attorney fee
-4-
1 billing statement dated January 4, 1983.)
6 aware that there had been a motion to expunge the lis pendens or
15 reviewed the court file herself, realizing for the first time that
16 the lis pendens had been expunged and that Respondent did not even
25
26 Count Three
27 (Ray)
28 26. The State Bar requested that this count be dismissed.
-5-
1 Count Four
2 (Frankot)
3 27. John Frankot is an auditor for the State Board of
4 Equalization, resides in Sacramento, California, and is typically
5 on the road two-to-three times a month. (Frankot testimony.)
12 and 16.)
18 and also about some advice the prior lawyer had given about taking
19 a blood test; Respondent told him not worry about the motion and
22 about his case, noting that he had no complaints "so far" and that
27 testimony.)
-6-
1 Office) that he had been ordered to pay $340 per month support and
7 aside the default be brought and that time was running to do so;
10 that letter.)
11 36. Thereafter, Mr. Frankot spoke to Respondent’s staff, who
13 testimony.)
19 38. Mr. Frankot became more and more frustrated and spoke to
23 that perhaps he was the father, the inference being that there was
26 40. Mr. Frankot asked for his file, but did not receive it.
27 (Frankot testimony.)
-7-
1 to Los Angeles and reviewed the court file. (Frankot testimony.)
5 (Frankot testimony.)
6 43. The motion to set aside the default was denied.
7 (Frankot testimony; Exhibit 23, Superior Court file.)
8 44. Mr. Frankot retained a new attorney. (Frankot
9 testimony.)
13 case, which amounted to $2,000 fees for the new attorney and
15 Respondent.)
23 49. No refund of the fees paid by Mr. Frankot was ever made
26 (Frankot testimony.)
27 //
28 //
-8-
1 Count Five
2 (Costello)
3 50. Ella Costello, a supervisor of mails for the United
4 States Postal Service in West Covina, engaged Respondent to
5 represent her in marital dissolution proceedings on or about
6 February 14, 1983, at which time she paid him $630 in cash as
13 she came to retain Respondent, that is, that her husband had filed
14 for marital dissolution and that she had been served with legal
-9-
1 Costello was due on May 3, 1983.)
9 57. After waiting almost 3 hours to see him, she was finally
10 able to speak with Respondent, who said that he would take care of
11 the default. (Costello testimony.)
12 58. Nothing was done by Respondent, to Ms. Costello’s
15 occasion, she came without an appointment and was told that he had
16 just left. (Costello testimony.)
19 testimony.)
20 60. She actually went to the default prove-up hearing with
21 her husband, at which time the settlement agreement was presented
26 Exhibit 34.)
27 62. In that letter, she requested a refund of the money she
28 had paid to Respondent, which refund never came. (Costello
-i0-
1 testimony; Exhibit 34.)
15 (Quesada testimony.)
16 67. Ms. Quesada testified that she was told that the entire
17 process would cost $350; Respondent testified~that this was never
-ii-
1 an interpreter) that she did not speak English, she also testified
2 that Respondent had lied to the judge (in English), but did not
5 there were difficulties in serving her husband and that she did
9 husband by publication.
12 Count Seven
13 (Hernandez)
18 75. She was paying $75 per month and her husband was seeking
20 76. She met with Respondent in April 1984 and discussed her
25 from her mother and met with Respondent, this time also signing a
28 file.)
-12-
1 78. The first hearing on the modification request was set
2 for April 24, 1984; Respondent told her that she did not have to
3 appear because it would be continued. (Hernandez testimony;
4 Exhibit 2.)
5 .79. Thereafter, she called Respondent on various occasions,
6 and was told by him that the hearing on the modification request
7 was continued to June 7, 1984. (Hernandez testimony.)
8 80. Respondent never sent anything to her in writing about
9 this or any of the other continuances he told her about, and it
10 was always Ms. Hernandez who had to initiate the inquiries about
13 which time the child support was raised to $400 per month and Ms.
14 Hernandez was ordered to pay her ex-husband’s attorneys fees of
15 $1,500. (Exhibit 2.) Respondent did not appear at that hearing,
16 as she knew nothing about it. (Exhibit 2, minute order of that
17 date, and Hernandez testimony.)
18 82. In late-May or early-June, 1984, Ms. Hernandez received
19 a letter from her ex-husband’s attorney informing her that child
20 support had been increased. (Hernandez testimony.)
21 83. She immediately contacted Respondent, who told her that
22 he would take care of it and that she should not do anything.
23 (Hernandez testimony.)
24 84. He also told her that the hearing date had been
25 continued to September 13, 1984; later, he told her the date was
-13-
1 85. She then went to Respondent’s office some 8-10 times to
2 speak with him, but he was never there. (Hernandez testimony.)
15 admitted to practice.
23 those findings are based, and the record in general, clearly and
24 convincingly support the Conclusion of Law that Rule 6-101 was
25 violated, that is, that Respondent failed to use reasonable
26 diligence and his best judgment in the exercise of his skill and
27 in the application of his learning in an effort to accomplish,
-14-
1 abandoned the client. He also misrepresented what he was going to
4 disability. Respondent knew this, but did not pursue the matter
5 on her behalf after initially failing to secure service on her
6 former husband.
7 95. Findings of Fact 2 through 12, the evidence on which
8 those findings are based, and the record in general, clearly and
15 never refunded any of the $750 paid as advance fee by Ms. Craig.
17 those findings are based, and the record in general, clearly and
22 those findings are based, and the record in general, clearly and
27 §6103.
28 98. The State Bar did not discharge its burden by clear and
1 convincing evidence that Respondent willfully violated Rule 2-111
17 did not even appear at the hearing at which that li~ pendens was
20 those findings are based, and the record in general, clearly and
27 advance fee paid by the clients was not earned and not returned.
28 i01. Findings of Fact 13 through 25, the evidence on which
-16-
-1 those findings are based, and the record in general, clearly and
17 Count Three
18 104. At the request of the State Bar, this count was
19 dismissed.
20 Count Four
21 105. Findings of Fact 27 through 48, the evidence on which
22 those findings are based, and the record in general, clearly and
23 convincingly support the Conclusion of Law that Rule 6-101 was
24 violated, that is, that Respondent failed to use reasonable
25 diligence and his best judgment in the exercise of his skill and
-17-
¯1 misrepresented the status of his case, he failed to take steps to
2 defend the motion to compel answers to interrogatories, which
3 ultimately led to Mr. Frankot’s default being entered, he actually
4 sought to justify his actions by inferring to Mr. Frankot that he
5 should not complain about the default judgment, and he failed to
6 make a timely motion to set aside that default. Once again,
7 Respondent abandoned his clients.
8 106. Findings of Fact 27 through 49, the evidence on which
9 those findings are based, and the record in general, clearly and
10 6onvincingly support the Conclusion of Law that Rule 2-III(A)(3)
11 was violated, that is, that Respondent willfully withdrew from
12 employment without promptly refunding an unearned fee paid in
13 advance. Respondent actually promised to do so, as well as to
14 defray the additional expense and the support Mr. Frankot was held
26 those findings are based, and the record in general, clearly and
27 convincingly support the Conclusion of Law that the provisions of
28 Business and Professions Code §6103 were violated, that is,
-18-
1 Respondent violated his duties as an attorney.
3 those findings are based, and the record in general, clearly and
8 §6103.
9 Count Five
11 which those findings are based, and the record in general, clearly
12 and convincingly support the Conclusion of Law that Rule 6-101 was
14 diligence and his best judgment in the exercise of his skill and
24 those findings are based, and the record in general, clearly and
28 advance.
-19-
1 112. Findings of Fact 50 through 63, the evidence on which
2 those findings are based, and the record in general, clearly and
3 convincingly support the Conclusion of Law that the provisions of
4 Business and Professions Code §6103 were violated, that is,
5 Respondent violated his duties as an attorney.
6 113. Findings of Fact 50 through 63, the evidence on which
7 those findings are based, and the record in general, clearly and
8 convincingly support the Conclusion of Law that the provisions of
9 Business and Professions Code §6068 were violated, that is,
10 Respondent did not support the laws of this State, and
11 specifically the provisions of Business and Professions Code
12 §6103.
13 114. The State Bar did not discharge its burden by clear and
14 convincing evidence that Respondent willfully violated Rule 2-
15 Ill(A)(2), that is, wilful withdrawal from employment without
16 delivering to the client all papers and property to which the
17 client was entitled.
18
Count Six
19 115. Ms. Quesada’s testimony was not credible as to her
20 claims that Respondent had failed to perform further services for
21 her. The credible evidence was that she did not cooperate and did
22 not advance the costs necessary to serve her husband.
23 116. Accordingly, the State Bar did not prove this count by
24 clear and convincing evidence.
25 Count Seven
26 117. Findings of Fact 74 through 86, the evidence on which
27 those findings are based, and the record in general, clearly and
28 convincingly support the Conclusion of Law that Rule 6-101 was
-20-
¯1 violated, that is, that Respondent failed to use reasonable
2 diligence and his best judgment in the exercise of his skill and
-21-
¯1 121. The State Bar did not discharge its burden by clear and
11 (hereinafter "Standards").
14 which he or she was retained has been shown, the standards require
22 related to the member’s acts within the practice of law. Std. 2.3
23 of Standards.
28 Standard 1.3.
-22-
¯1 126. Standard 1.3 states that the primary purposes of
14 monetary losses.
18 was hired.
25 was practicing law for only a few years when the misconduct
-23-
*1 fundamental flaw, indicating that he cannot be trusted. No
2 evidence was presented that rehabilitation would be beneficial.
15 Standard 1.3.
16 RECOMMENDATION
17 133. The undersigned Referee recommends that Respondent be
18
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22
23
24
25
26
27
28
-24-
1
2
STATE BAR COURT
3 CLERK’S OFFICE
LOS ANGELES
4
7
STATE BAR COURT
8
THE STATE BAR OF CALIFORNIA
9
10
14
15
I, the undersigned, declare that I am over the age of 18 years
16
and not a party to the within action; that my business address and
17
place of employment is:
18
[X] 1230 West Third Street, Los Angeles, CA;
19
[ ] 555 Franklin Street, San Francisco, CA;
2O
that on December 16, 1986 I served a true copy of the Notice
21
to Show Cause herein by certified mail, return receipt requested,
22
in a sealed envelope, postage fully prepaid, depositing same in a
23
facility regularly maintained by the United States Postal Service,
24
addressed to the member at the latest address shown on the
25
official membership records of the State Bar of California,
26
27 ///
28 / /
as follows:
1
6
and addressed to:
7
8 John P. Angles
303 WEST MISSION BLVD.
9 POMONA, CA. 91766
10
11
I declare under penalty of perjury that the foregoing is true and
12
correct and that this declaration was executed at
13
IX] Los Angeles
14
[ ] San Francisco
15
on the date shown below.
16
17
DECEMBER 16, 1986
18
19 Date ~ ---Signature
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21
22 Yolanda Gloria
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5966t: 09/17/86 - 2 -
(
1 ERICA TABACHNICK
Attorney at Law
2 1230 West Third Street
Los Angeles, California 90017 STATE BAR COURT
CLERK’S OFFICE
3 LOS ANGELES
213/482-8220
4
Examiner for
5 THE STATE BAR OF CALIFORNIA
12
13 In the Matter of
LA 4187
14 JOHN PHILLIP ANGLES
NOTICE TO SHOW CAUSE
15 A Member of the State Bar
16
22 time and place to be fixed by the State Bar Court (NOTICE OF TIME
23 AND PLACE OF HEARING WILL BE MAILED TO YOU BY THE STATE BAR COURT
25 ///
26 ///
27 ///
28 ///
1 COUNT I
6025t: 10/31/86 - 2 -
1 about May 2, 1982, you filed a complaint on
17 2-111(A) (3).
18 COUNT III
19
6025t: i0/31/86 - 3 -
1 attempted to reach you by telephone, however,
4 unearned fee.
9 2-111(A) (3).
10 COUNT IV
11
6025t: 10/31/86 - 4 -
1 WITHIN TWENTY (20) DAYS after service of this Notice to Show
7
DATED
8 ~RANCIS P. BASSI~S
Acting Chief Trial Counsel
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6025t: 10/31/86 - 5 -
FEB 1 0 1987
STATE BAR COURT STATE BAR COURT
CLERK’S OFFICE
LO.~ ANGELES
THE STATE BAR OF CALIFORNIA
REVI EW DEPARTHENT
PU 3LIC MATTER
85-0-210 LA - In the Hatter of John P. Angles
I, Judy Duffield, hereby certify that I am Clerk of the State Bar Court,
and that as such, I am the custodian of records of all.files of the State Bar
Court, and that the following Is a full, true and correct copy of a resolution
or resolutions proposed at the meeting of the Review Department held in San
Francisco, California on December 11-12, 1986, and adopted as the decision
of the Review Department on January 29, 1987 insofar as it relates to the
above-enti tl ed proceeding:
Dated::~~~/’~f/~X~
,~y Dufrie~, Clerk"//
of the State Bar Court
I, the undersigned, over the age of 18 years, whose business address and place of
employment is 1230 West Third Street, Los Angeles, California, declare that I am not
a party to the within action; that in the City and County of Los Angeles, on the date
shown below, I deposited a true copy of the within
In a facility regularly maintained by the United States Postal Service with postage
thereon fully prepaid addressed to:
-~
" "
~./~_//,/~.,..~/~’ ~~J
~~borah Hat,son
Deputy Court Clerk, Effectuations
Office of State Bar Court
2925c/0174E
THE STATE BAR OFFICE OF STATE BAR COURT
OF CALIFORNIA Director, STUART A. FORSYTH
COURT CLERK’S OFFICE, 818 WEST SEVENTH STREET, LOS ANGELES, CALIFORNIA 90017-3432 (213) 689-6200
The Order of Hearing Panel Granting Motion to Dismiss is subject to review by the Review
Department of the State Bar Court in accordance with Rules 410-411 and 450(b); and will only
become effective upon adoption by the Review Department. Unless a request for review is
timely filed as provided for in Rule 450(a), the matter will come before the Review Department
on its ex parte calendar and no appearances are contemplated. You will be advised by the
Court Clerk’s Office of the action taken.
The Court Clerk’s Office of the State Bar Court can provide the dates upon which the Review
Department is likely to act on this matter. Formal notification of the action in this matter will
be forthcoming from the Effectuation of Decision Section of the Court Clerk’s Office. Time
limits required by the applicable rules will commence from the date of the final
notification.
DECLARATION O F SERVICE
I, the undersigned, over the age of 18 years, whose business and place of employment is 818
West Seventh Street, Los Angeles, California, declare that I am not a party to the within
action; that in the City and County of Los Angeles, on the date shown below, I deposited a true
copy of the above Notice, Order of the Hearing Panel Granting Motion to Dismiss and Rules of
Procedure 410-411 and 450-452; in a sealed envelope as follows:
In a facility regularly maintained by the United States PostalService with postage thereon
fully prepaid addressedto:
John Phillip Angles
303 W. Mission Boulevard
Pomona, CA 91766
I declare under penalty of perjury at Los Angeles, California, that the foregoing is true and
correct. Dated, this 5th day of_~, 1
~’a~rlcla ~lores~_ .
3
CLERK’S OFFICE:
4 LOS ANGELES
DISTRICT 8
ii
In the Matter of ) Case NO. 85-0-210LA
12 )
JOHN PHILLIP ANGLES ) DECISION
13 )
A Member of the State Bar )
14
27
28
-i-
RDBI3.16
1
REVIEW OF EVIDENCE
2
Hereinbelow, the Principal Referee will summarize
-2-
RDBI3.16
i
testified he told the client that his research and
2
consultation had exhausted the $500.00 deposit against the
3
retainer, and elected not to pursue any further compensation
4
from the client. By contrast, the client denied being told
5
his claim would not be pursued and asserted that he
6
repeatedly, and largely unsuccessfully, sought to reach his
7
attorney by phone and in the office. Mr. Angles conceded he
8
never confirmed his opinion in writing, but testified that
9
when he told the client of his opinion, it produced great
i0
anger and the client just kept coming around.
ii
5. The client made subsequent efforts to recover
12
his $500.00 deposit, but such was not repaid. There was
13
uncertainty as to whether these efforts were by way of
14
arbitration, small claims or otherwise. Mr. Angles testified
15
to having filed a bankruptcy proceeding and that he had
16
notified the client of such.
17
6. Some time in 1984, the client sought the
18
assistance of a new attorney, who in or about April, 1984,
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filed an action on the client~ behalf in the Orange County
20
Superior Court on the wrongful termination claim. No
21
activity in the court file appears beyond the filing of the
22
complaint and the issuance of the summons, both in April,
23
1984.
24
25
DISCUSSION AND RECOMMENDATIONS
26
The Notice to Show Cause charges the attorney,
27
Mr. Angles, with violating his oath and duties as an
28
-3-
RDBI 3.16
1
attorney as contained in various provisions of the Business
2
and Professions Code, and with specifically violating Rule
16
17 BY~
RIC~RD D. BURSTEIN
18 Principal Referee
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2~
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-4-
RDBI 3.16
(
1
THE STATE BAR OF CALIFORNIA
2
3 DISTRICT 8
STATE BAR COURT
4 LOS ANGELES
S In the Matter of
8
NOTICE TO SHOW CAUSE
21 State Bar Court of the State Bar of California at the time and
Cause, then and there to show cause why you should not be
5 I
11 II
13 1985, you did not file a lawsuit on LaJevardi’s behalf, nor did
15 III
16 During the period from May 16, 1983 to in or about April
ii
14
IB
18
i~’
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2B
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7890T: 09/24/85 - 3 -
NOTICE OF HEARING
(MANDATORY SETTLEMENT CONFERENCE)
In re: 85-0-210 LA (LA 4102) In the Matter of: John Phillip Angles
NOTICE
This matter is subject to rules E.l and E.2, Rules of Practice of the State Bar Court providing
for a mandatory settlement conference.
The time and place of the mandatory settlement conference is: Thursday, March 13, 1986 at
1:30 p.m. at the offices of the State Bar, 1230 West Third Street, Los Angeles, California.
The settlement conference referee assigned to the matter is: C. Edward Simpson, Esq., 800
Wilshire Boulevard, Suite 580, Los Angeles, California 90017; (213) 485-1555.
The Deputy Court Clerk assigned to handle this case during the pendency of this proceeding is
Rosa M. Arballo.
Please read carefully: Rules E.1 and E.2 in the enclosed Rules of Practice; especially as to the
duties of the parties to meet or confer at least ten days before the settlement conference to
discuss the prospects for settlement and factual and legal issues in dispute; and, to attend the
settlement conference; Rules 315-324 (Discovery) in the enclosed Rules of Procedure, time period
for discovery is set forth in Rule 316, conditions precedent to formal discovery in Rule 317~ The
Court expects the parties to complete all discovery and be fully prepared at the time of the
Mandatory Settlement Conference.
MOTIONS TO CONTINUE the settlement conference date for thirty (30) days or less, based on
good cause, are directed to the Referee named above. Motions for continuance of the Settlement
Conference greater than thirty (30) days must be supported by a showing of good cause and
directed as set forth below.
Upon an adequate showing of indigency, counsel may be appointed to represent you. Applications
for appointment of counsel should be submitted within thirty days of receipt of this Notice and
may be obtained from the Court Clerk’s Office of the State Bar of California, 1230 West Third
Street, Los Angeles, California 90017. The application should be accompanied by a Declaration of
Service indicating service on the Examiner for the State Bar of California.
If a stipulation as to facts and disposition is not reached as a result of the mandatory settlement
conference, the parties, immediately following the settlement conference, shall meet with the
master calendar clerk to set the pre-trial conference (if required) and, if not required, the first
date of formal hearing.
Your attention is directed to the Rules of Procedure of the State Bar, particularly:
Rule 225(a)(i) amended effective September 16, 1985, the hearings in this matter shall be
public; Rule 558 re size of hearing panel, election to request a three member panel, creation
of a master calendar hearing system, and motion to have very complex matters heard by a
compensated referee; Rule 555 re consequences of failure to appear at the formal hearing;
I096F
Attention is also called to the Rules of Practice, particularly:
Rule C.3 (Pre-trial Conference), Rule F.2 (Calendar Assistance), parties must give prompt
notice of various motions or intentions to make such motions including motion for
continuances; l~ule F.3 (Postponement of Trial Date), continuances on motion of a party are
not favored and applications therefore must be supported by verified statement of reasons
showing good cause; all applications for continuances must be directed only to the Assistant
Presiding Referee, Hearii~g Department, or his designee, and the original paper to State Bar
Court, 1230 West Third Street, Los Angeles, California 90017 (please contact the Court
Clerk’s Office, (213) 482-8220, for name, address and phone number of the referee ruling on
continuances); if facts relied on are not ascertained until less than 5 days before trial they
must be brought to his attention by telephone.
I096F
THE STATE BAR
OFFICE OF STATE BAR COURT
0FCALIF0RNIA ~i,ec,o~, S~’UART
COURT CLERK’S OFFICE, 818 WEST SEVENTH STREET, SUITE 201, LOS ANGELES, CALIFORNIA 90017-3432 (213)689-6200
Please be advised that the State Bar Court has ordered that you
be enrolled as an inactive member of the State Bar of California
pursuant to section 6007 (c) of the Business and Professions Code.
Enclosed herewith is a copy of the Decision of the State Bar Court
filed on September 28, 1988, evidencing the order of your inactive
enrollment.
Under the Business and Professions Code, inactive members may not
practice law or hold themselves out as entitled to practice law
while enrolled inactive (see sections 6125-6127 of that code).
Charles Nettles
Administrative Assistant
CN:cn
Enclosures
cc: Dominique Snyder, Attorney at Law
COURT CLERK’S OFFICE, 818 WEST SEVENTH STREET, SUITE 201, LOS ANGELES, CALIFORNIA 90017-3432 (213) 68~-6200
Laurence P. Gill
Clerk of the Supreme Court
4250 State Building
San Francisco, CA. 94102
Charles Nettles
Administrative Assistant
CN:cn
cc: John Philip Angles, Esq.
1
S EP 2 8 1988
5
6
7
8 STATE BAR COURT
9 STATE OF CALIFORNIA
15
FINDINGS, CONCLUSIONS
16 ORDER
17
18
19
~0
21
C. Thorne Corse
Principal Referee
351 California Street - Suite 450
San Francisco, California 94104
(415) 781-0300
September 21, 1988
~5
9,6
27
28
1 TABLE OF CONTENTS
2 PAGE
3
I FINDINGS OF FACT ..................
4
Ao General .......................
5
Bo Disciplinary Hearing ................
6
Co Matured Investigations ...............
7
Do Pending Investigations ...............
8
II CONCLUSIONS OF LAW .................
9
III ORDER ........................
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1
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7
8 STATE BAR COURT
9 STATE OF CALIFORNIA
11 In the Matter of ~-
Case ##88-TE-13019
19. JOHN PHILIP ANGLES
DECISION
13 A Member of the State Bar
15
FINDINGS, CONCLUSIONS
16 ~ ORDER
25 THORNE CORSE, Esq., and the Examiner for the State Bar, DOMINIQUE
26 SNYDER, Esq. Respondent did not appear, in person or by counsel,
27 nor has he filed any response to the Notice of Hearing. /
28 The Hearing was reported by ~-’~,~ ~ ~’~.~7~ ,
1 Certified Shorthand Reporter.
3 heard the State Bar’s presentation, and having read the file,
5 Order.
6
7 ~ FINDINGS OF FACT
8
9 A. General
20 ber 18, 1987, and March 7, 1988, found that Respondent had viola-
21 ted B&P §§6068 and 6103 and Rules of Professional Conduct (here-
23~ 2-111(A) (3) and 6-101(A) (2), in connection with the following
transactions:
- 2 -
client, Darlene Villani, failed to use diligence and
~9 (Count Seven)2
~3 Court.
~6 ///
~7
Count Three was dismissed.
Count Six was dismissed.
- 3 -
1 C. Matured Investigations
9 $1500; (#87-0-11301)
19
20 3 The facts found in this Finding are based solely on a Decla-
ration executed and filed herein by Dominique Snyder, Esq., the
21 Examiner. I have before suggested (se___~e Matter of Ginocchio and
Cornwall (1987) ##87-TE-16973, 87-TE-16974) that the practice of
filing such Declarations in B&P §6007(c) matters is highly unde-
sirable, since, if the matter is contested, it exposes the Exami-
ner to cross-examination by the Respondent. (See Rule 2-111(A))
If it is to be done, as a summary of pending matters for the
convenience of the Court, it should, when possible, be supported
by Declarations from the Complaining Witnesses or, at least,
from theinvestigator(s) who interviewed them and others. A
hearsay objection of course, will not lie (Rule of Procedure
796), but what is the equivalent of an indefinite suspension
from the practice of law requires at least a modicum of due pro-
cess. A summary of a summary, if contested, raises due process
problems in my mind.
Since this matter was not contested, the question is acade-
mic here.
- 4 -
I represent Robert W. Zoellner in a criminal matter and
8 (#87-0-11854)
- 5 -
1 h. In 1987 and 1988, Respondent abandoned his
2 client, John L. Farr, and failed to return to him unear-
4
5 D. Pendin~ Investigations
6 6. In addition, there have been filed with the State Bar
7 three additional complaints against Respondent, in which the
8 following allegations under penalty of perjury have been made by
9 the Complaining Witnesses:
10 a. In 1985, Respondent was retained by Alice
- 6 -
1 tive enrollment.
2
3 III ORDER
4 It is, therefore, ORDERED that:
5 i. The State Bar’s Application for Involuntary Inactive
6 Enrollment be, and it hereby is, GRANTED;
7 2. Effective immediately, Respondent JOHN PHILIP ANGLES
8 be, and he hereby is, TRANSFERRED INVOLUNTARILY to the INACTIVE
9 LIST of Members of the State Bar of California.
10 DATED:
September 21, 1988. /~
~
11
12
13 ¯ orne Corse
Referee
14
15
16
17
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20
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24
25
26
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- 8 -
DECLARATION OF SERVICE
’I, the undersigned, over the age of 18 years, whose business address
and place of employment is 818 West Seventh Street, Los Angeles,
California, declare that I am not a party to the within action; that
in the City and County of Los Angeles, on the date shown below, I
deposited a true copy of the within
Charles Nettles
Administrative Assistant