State Bar Court of California Los Angeles

Hearing Department

STIPULATION RE FACTS, CONCLUSIONS OF LAW

ALTERNATIVE DISCIPLINE PROGRAM

Case Number(s): 08-H-13057,

In the Matter of: Michael Patrick Ridley, Bar # 54409, A Member of the State Bar of California, (Respondent).

Counsel For The State Bar: MONIQUE T. MILLER

DEPUTY TRIAL COUNSEL

1149 South Hill Street

Los Angeles, California 90015-2299

213-765-1486

Bar # 212469

Counsel for Respondent: In Pro Per Respondent

Michael Patrick Ridley

Law Ofc Michael P. Ridley

2030 Main St Ste. 1300

Irvine, CA 92614

(949) 260-9170

Bar # 54409

Submitted to: Program Judge, State Bar Court Clerk’s Office Los Angeles.

Filed: October 13, 2009.

  <<not >> checked. PREVIOUS STIPULATION REJECTED

Note:  All information required by this form and any additional information which cannot be provided in the space provided, must be set forth in an attachment to this stipulation under specific headings, e.g., "Facts," "Dismissals," "Conclusions of Law," "Supporting Authority," etc.

A.    Parties' Acknowledgments:

1.   Respondent is a member of the State Bar of California, admitted December 14, 1972.

2.   The parties agree to be bound by the factual stipulations contained herein even if conclusions of law or disposition are rejected or changed by the Supreme Court. However, except as otherwise provided in rule 804.5(c) of the Rules of Procedure, if Respondent is not accepted into the Alternative Discipline Program, this stipulation will be rejected and will not be binding on the Respondent or the State Bar.

3.   All investigations or proceedings listed by case number in the caption of this stipulation are entirely resolved by this stipulation and are deemed consolidated, except for Probation Revocation proceedings. Dismissed charge(s)/count(s) are listed under "Dismissals."  The stipulation consists of SIX pages, not including the order.

4.   A statement of acts or omissions acknowledged by Respondent as cause or causes for discipline is included under "Facts."

5.   Conclusions of law, drawn from and specifically referring to the facts are also included under "Conclusions of Law".

6.   No more than 30 days prior to the filing of this stipulation, Respondent has been advised in writing of any pending investigation/proceeding not resolved by this stipulation, except for criminal investigations.

7.   Payment of Disciplinary Costs-Respondent acknowledges the provisions of Bus. & Prof. Code §§6086.10 & 6140.7 and will pay timely any disciplinary costs imposed in this proceeding.

B.    Aggravating Circumstances [for definition, see Standards for Attorney Sanctions for Professional Misconduct, standard 1.2(b)]. Facts supporting aggravating circumstances are required.

checked. (1)               Prior record of discipline [see standard 1.2(f)].

checked. (a)  State Bar Court case # of prior case 02-C-15965 and 04-C-14735
checked. (b)  Date prior discipline effective  April 1, 2005.
checked. (c)  Rules of Professional Conduct/ State Bar Act violations: Business and Professions Code Sections 6101 and 6102
checked. (d)  Degree of prior discipline Public Repoval.
<<not>> checked. (e)          If Respondent has two or more incidents of prior discipline, use space provided below.

<<not>> checked. (2)    Dishonesty:  Respondent's misconduct was surrounded by or followed by bad faith, dishonesty, concealment, overreaching or other violations of the State Bar Act or Rules of Professional Conduct. 

<<not>> checked. (3)    Trust Violation:  Trust funds or property were involved and Respondent refused or was unable to account to the client or person who was the object of the misconduct for improper conduct toward said funds or property. **

<<not>> checked. (4)    Harm:  Respondent's misconduct harmed significantly a client, the public or the administration of justice. **

<<not>> checked. (5)    Indifference:  Respondent demonstrated indifference toward rectification of or atonement for the consequences of his or her misconduct. **

<<not>> checked. (6)    Lack of Cooperation:  Respondent displayed a lack of candor and cooperation to victims of his/her misconduct or to the State Bar during disciplinary investigation or proceedings. **

<<not>> checked. (7)    Multiple/Pattern of Misconduct:  Respondent's current misconduct evidences multiple acts of wrongdoing or demonstrates a pattern of misconduct. **

<<not>> checked. (8)    No aggravating circumstances are involved. **

Additional aggravating circumstances: ** .

C. Mitigating Circumstances [see standard 1.2(e)]. Facts supporting mitigating circumstances are required.

<<not>> checked. (1)    No Prior Discipline:  Respondent has no prior record of discipline over many years of practice coupled with present misconduct which is not deemed serious.

<<not>> checked. (2)    No Harm:  Respondent did not harm the client or person who was the object of the misconduct. 

checked. (3)              Candor/Cooperation:  Respondent displayed spontaneous candor and cooperation with the victims of his/her misconduct and to the State Bar during disciplinary investigation and proceedings. 

<<not>> checked. (4)    Remorse:  Respondent promptly took objective steps spontaneously demonstrating remorse and recognition of the wrongdoing, which steps were designed to timely atone for any consequences of his/her misconduct. 

<<not>> checked. (5)    Restitution:  Respondent paid $ **  on **  in restitution to** without the threat or force of disciplinary, civil or criminal proceedings.

<<not>> checked. (6)    Delay:  These disciplinary proceedings were excessively delayed.  The delay is not attributable to Respondent and the delay prejudiced him/her.

<<not>> checked. (7)    Good Faith:  Respondent acted in good faith.

<<not>> checked. (8)    Emotional/Physical Difficulties:  At the time of the stipulated act or acts of professional misconduct Respondent suffered extreme emotional difficulties or physical disabilities which expert testimony would establish was directly responsible for the misconduct.  The difficulties or disabilities were not the product of any illegal conduct by the member, such as illegal drug or substance abuse, and Respondent no longer suffers from such difficulties or disabilities.

<<not>> checked. (9)    Severe Financial Stress:  At the time of the misconduct, Respondent suffered from severe financial stress which resulted from circumstances not reasonably foreseeable or which were beyond his/her control and which were directly responsible for the misconduct.

checked. (10)           Family Problems:  At the time of the misconduct, Respondent suffered extreme difficulties in his/her personal life which were other than emotional or physical in nature.  As a result or marital dissolution issues, Respondent was deprived of rights of visitation of his two sons from 2004 to the present.

<<not>> checked. (11)    Good Character:  Respondent's good character is attested to by a wide range of references in the legal and general communities who are aware of the full extent of his/her misconduct.

<<not>> checked. (12)    Rehabilitation:  Considerable time has passed since the acts of professional misconduct occurred followed by convincing proof of subsequent rehabilitation.

<<not>> checked. (13)    No mitigating circumstances are involved.

Additional mitigating circumstances:

 

(Effective January 1, 2011.)

Alternative Discipline Program

 

 

ATTACHMENT TO

STIPULATION RE FACTS, CONCLUSIONS OF LAW AND DISPOSITION

 

IN THE MATTER OF: MICHAEL PATRICK RIDLEY, State Bar No. 54409

STATE BAR COURT CASE NUMBER: 08-H-13057

WAIVER OF VARIANCE BETWEEN NOTICE OF DISCIPLINARY CHARGES AND

STIPULATED FACTS AND CULPABILITY

The parties hereby waive any variance between the Notice of Disciplinary Charges ("NDC") filed on July 20, 2009 in Case No. 08-H-13057, and the facts and conclusions of law contained in this stipulation. Additionally, the parties waive the issuance of an amended Notice of Disciplinary Charges relating to the case that is the subject matter of this stipulation.

 

INCORPORATION OF PRIOR STIPULATION

 

This stipulation is an addendum intended to supplement the Stipulation re: Facts and Conclusions of Law in Case No. 08-C-10827, which the parties lodged with this Court on July 30, 2008 (the"Prior Stipulation"). The Prior Stipulation is also incorporated as if fully set forth herein.

Respondent admits that the following facts are true and that he is culpable of violations of the specified statutes and/or Rules of Professional Conduct.

FACTS AND CONCLUSIONS OF LAW IN CASE NO. 08-H-13057

FACTS

1. On February 9, 2005, Respondent entered into a Stipulation re Facts, Conclusions of Law and Disposition (Stipulation) with the State Bar in case numbers 02-C-15965 and 04-C-14735. The Hearing Department of the State Bar Court filed an order approving the Stipulation on March 11, 2005 (Order), thereby imposing upon Respondent a public reproval with conditions. A copy of that Order was properly served by mail upon Respondent’s counsel of record, and Respondent received a copy of the Order and knew or was grossly negligent in not knowing its contents. The Order and the public reproval became effective on April 1, 2005, and for a period of three years from that effective date.

2. Pursuant to the Order, Respondent was to submit to the Office of Probation of the State Bar of California (Office of Probation) written quarterly reports each January 10, April 10, July 10 and October 10 of the condition period attached to the reproval, certifying under penalty of perjury that Respondent has complied with the State Bar Act, the Rules of Professional Conduct, and all conditions of the reproval during the preceding calendar quarter or part thereof covered by such report. Respondent also has to submit to the Office of Probation a declaration under penalty of perjury stating Respondent’s compliance with all conditions of probation imposed in the underlying criminal matters and his abstinence from substance abuse, in conjunction with any quarterly report to be filed with the Office of Probation. In addition, Respondent was required to file a final report, which was due by April 1, 2008.

3. Respondent did not file with the Office of Probation a quarterly report, including all of his required compliance declarations, which was due by July 10, 2007.

4. Respondent did not file with the Office of Probation a final report, which was due by April 1, 2008.

CONCLUSIONS OF LAW

5. By failing to file with the Office of Probation a quarterly report, including all of his required compliance declarations, which was due by July 10, 2007, and a final report, which was due by April 1, 2008, Respondent failed to comply with conditions attached to his public reproval, in willful violation of

rule 1-110 of the California Rules of Professional Conduct.

PENDING PROCEEDINGS.

 

The disclosure date referred to, on page 2, paragraph A(6), was September 29, 2008.

 

(Do not write above this line.)

 

 

 

 

SIGNATURE OF THE PARTIES

Case Number(s): 08-H-13057

In the Matter of: Michael Patrick Ridley

 

By their signatures below, the parties and their counsel, as applicable, signify their agreement with each of the recitation and each of the terms and conditions of this Stipulation Re Facts, Conclusions of Law and Disposition.

 

Respondent enters into this stipulation as a condition of his/her participation in the Program. Respondent understands that he/she must abide by all terms and conditions of Respondent’s Program Contract.

 

If the Respondent is not accepted into the Program or does not sign the Program contract, this Stipulation will be rejected and will not. be binding on Respondent or the State Bar.

 

If the Respondent is accepted into the Program, this Stipulation will be filed and will become public. Upon Respondent’s successful completion of or termination from the Program, the specified level of discipline for successful completion of or termination from the Program as set forth in the State Bar Court’s Confidential Statement of Alternative Dispositions and Orders shallbe imposed or recommended to the Supreme Court.

 

Signed by:

 

Respondent: Michael Patrick Ridley

Date: 10/09/09

 

Respondent’s Counsel:

Date:

 

Deputy Trial Counsel: Monique T. Miller

Date:  Oct. 13, 2009


 

ALTERNATIVE DISCIPLINE PROGRAM ORDER

Case Number(s): 08-H-13057

In the Matter of: Michael Patrick Ridley

 

Finding the stipulation to be fair to the parties and that it adequately protects the public, IT IS ORDERED that the requested dismissal of counts/charges, if any is GRANTED without prejudice, and:

 

checked. The stipulated facts and conclusions of law is APPROVED.

 

The parties are bound by the stipulation as approved unless: 1) a motion to withdraw or modify the stipulation, filed within 15 days after service of this order, is granted; or 2) this court modifies or further modifies the approved stipulation; or 3) Respondent is not accepted for participation in the Program or does not sign the Program Contract.the file date. (See rule 5.58(E) & (F) and 5.382(D), Rules of Procedure.)

Signed by:

Judge of the State Bar Court: Richard A. Platel

Date: 01-14-10

(Effective January 1, 2011)

CERTIFICATE OF SERVICE

[Rules Proc. of State Bar; Rule 5.27(B); Code Civ. Proc., § 1013a(4)]

 

I am a Case Administrator of the State Bar Court of California. I am over the age of eighteen and not a party to the within proceeding. Pursuant to standard court practice, in the City and County of Los Angeles, on January 15, 2010, I deposited a true copy of the following document(s):

 

STIPULATION RE FACTS AND CONCLUSIONS OF LAW (08-C-10827 & 08-H-13057) in a sealed envelope for collection and mailing on that date as follows:

 

checked. by first-class mail, with postage thereon fully prepaid, through the United States Postal Service at Los Angeles, California, addressed as follows:

 

                              MICHAEL PATRICK RIDLEY

                              LAW OFC MICHAEL P RIDLEY
2030 MAIN ST STE 1300

                              IRVINE, CA 92614

 

 

checked. by interoffice mail through a facility regularly maintained by the State Bar of California addressed as follows:

 

                              MONIQUE MILLER, Enforcement, Los Angeles

 

I hereby certify that the foregoing is true and correct. Executed in Los Angeles, California, on January 15, 2010.

 

Signed by:

Johnie Lee Smith

Case Administrator

State Bar Court