State Bar Court of California

Hearing Department

STIPULATION RE FACTS, CONCLUSIONS OF LAW

ALTERNATIVE DISCIPLINE PROGRAM

Case Number(s): 09-C-18483

In the Matter of: TARA K. O’BRIEN Bar #261864 A Member of the State Bar of California, (Respondent).

Counsel For The State Bar: Charles A. Murray  Deputy Trial Counsel

1149 South Hill Street

Los Angeles, CA 90012-2299

Tel: (213) 765-1236

Bar #146069

Counsel for Respondent:  In Pro Per Respondent

Tara K. O’Brien

3330 Reynard Way Apt 18

San Diego, CA 92103

Tel: n/a

Bar # 261864

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

Filed: June 7, 2011.

  <<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 9, 2008.

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 6 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.

<<not>> checked. (1) Prior record of discipline [see standard 1.2(f)].

<<not>> checked. (a)          State Bar Court case # of prior case .

<<not>> checked. (b)          Date prior discipline effective .

<<not>> checked. (c)           Rules of Professional Conduct/ State Bar Act violations:  

<<not>> checked. (d)          Degree of prior discipline .

<<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.

checked. (4)            Harm:  Respondent's misconduct harmed significantly a client, the public or the administration of justice. See page 5

<<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.

<<not>> 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.

<<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:

ATTACHMENT TO

STIPULATION RE FACTS, CONCLUSIONS OF LAW AND DISPOSITION

IN THE MATTER OF: TARA K. O’BRIEN

MEMBER# 261864

CASE NUMBER(s): 09-C-18483

WAIVER OF FINALITY OF CONVICTION (rule 607):

Pursuant to the Rules of Procedure of the State Bar of California, rule 607 the parties stipulate that the Court may decide the issues as to the discipline to be imposed even if the criminal convictions discussed herein are not final.

Respondent waives finality of her conviction and consents to the State Bar Court’s acceptance of this Stipulation as to facts, conclusions of law and discipline in all respects as if the conviction was final, including the entry of findings consistent with this Stipulation, imposition of discipline, or entry of a recommendation as to the degree of the discipline to be imposed.

Respondent waives any right to challenge on the basis of a lack of finality of her conviction the State Bar Court’s recommendation of discipline, if any, and the actual imposition of discipline, if any, by the State Bar Court or the California Supreme Court.

Respondent further waives any right she may have to seek review or reconsideration on the basis of any relief she may receive as a result of any appeal of, or petition regarding, the criminal conviction underlying any recommendation of and/or actual imposition of discipline by the State Bar Court or the Califomia Supreme Court.

STIPULATION AS TO FACTS AND CONCLUSIONS OF LAW.

Respondent admits that the following facts are true and that she is culpable of violations of the specified statutes and/or has otherwise committed acts of misconduct warranting discipline:

1.

On April 23, 2009 Respondent entered the Macy’s - Fashion Valley store, San Diego, California, with the purpose of interfering with the lawful business of that store.

While Respondent was in the store Respondent selected two shirts from the display area of the store, took those two shirts into a fitting room, removed the electronic theft prevention sensors from each shirt, removed the price tags from each shirt, concealed the two shirts inside her purse, exited the fitting room and walked directly toward an exit, past several open registers without making any attempt to pay for the shirts she had just concealed in her purse, and then exited the store.

Respondent’s acts in the store [see above] were observed by loss prevention employees of the store who stopped Respondent outside the store and recovered the two stolen shirts. The value of the shirts was $400 or less.

4.

Police officers then arrived on the scene and issued Respondent a misdemeanor citation for violation of Penal Code section 484(a) - Petty Theft.

On June 12, 2009, a criminal complaint was filed against Respondent in San Diego Superior Court, case no. ER1045, entitled People v. 0 ’Brien, one count for a misdemeanor violation of Penal Code sections 484(a)/488 (petty theft- personal property under $400).

On January 21, 2010, Respondent pled guilty to the lesser included charge of a violation of Penal Code section 602(k) misdemeanor trespassing, entering a business with the purpose of interfering with lawful business. In exchange for Respondent’s plea to the lesser included offense, the petty theft charge was dismissed.

Respondent was found guilty of a violation of Penal Code section 602(k) trespassing, entering a business with the purpose of interfering with lawful business, a misdemeanor. Imposition of sentencing was stayed and she was placed on 3 year summary probation, on conditions that included she stay away from Macy’s - Fashion Valley store, perform community service, obey all laws and orders of the court, and enroll in and complete a court-approved shoplifting education program.

Conclusions of Law

The facts and circumstances surrounding Respondent’s misdemeanor conviction for violating Penal Code section 602(k) (trespassing on a business), involve moral turpitude and warrant discipline pursuant to Business and Professions Code section 6101 and 6102.

AGGRAVATING CIRCUMSTANCES: (4) Harm

As part of the resolution with the victim of her theft, Respondent paid the victim a civil penalty of $325 as provided in Penal Code section 490.5 [civil liability for theft of merchandise].

SIGNATURE OF THE PARTIES

Case Number(s): 09-C- 18483

In the Matter of: TARA K. O’BRIEN

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

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 Respondents 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 shall be imposed or recommended to the Supreme Court.

Signed by:

Respondent: TARA K. O’BRIEN

Date: 5-27-11

Respondent’s Counsel:

Date:

Deputy Trial Counsel: Charles A. Murray

Date: 5-31-11

DECLARATION OF SERVICE BY REGULAR MAIL

CASE NUMBER: 09-C-18483

I, the undersigned, over the age of eighteen (18) years, whose business address and place of employment is the State Bar of California, 1149 South Hill Street, Los Angeles, California 90015, declare that I am not a party to the within action; that I am readily familiar with the State Bar of California’s practice for collection and processing of correspondence for mailing with the United States Postal Service; that in the ordinary course of the State Bar of California’s practice, correspondence collected and processed by the State Bar of California would be deposited with the United States Postal Service that same day; that I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date on the envelope or package is more than one day after date of deposit for mailing contained in the affidavit; and that in accordance with the practice of the State Bar of California for collection and processing of mail, I deposited or placed for collection and mailing in the City and County of Los Angeles, on the date shown below, a true copy of the within

STIPULATION RE FACTS AND CONCLUSIONS OF LAW

in a sealed envelope placed for collection and mailing at Los Angeles, on the date shown below, addressed to:

TARA K. O’BRIEN

3330 REYNARD WAY, APT. 18

SAN DIEGO, CA 92103

in an inter-office mail facility regularly maintained by the State Bar of California addressed to:

STATE BAR COURT - HEARING DEPARTMENT - LOS ANGELES ALTERNATIVE DISCIPLINE PROGRAM JUDGE DONALD F. MILES

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at Los Angeles, California, on the date shown below.

DATED: June 1,2011 Signed:

JULI JENEWEIN

Declarant

ALTERNATIVE DISCIPLINE PROGRAM ORDER

Case Number(s): 09-C- 18483

In the Matter of: TARA K. O’BRIEN

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.

<<not>> checked. The stipulated facts and conclusions of law is APPROVED AS MODIFIED as set forth below.

<<not>> checked. All dates in the Hearing Department are vacated.

This stipulation supersedes the prior stipulation signed by the parties and court and will replace that stipulation of the State Bar Website.

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: Donald F. Miles

Date: 6-6-11

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 June 7, 2011, I deposited a true copy of the following document(s):

                                    STIPULATION RE FACTS, CONCLUSIONS OF LAW AND DISPOSITION AND ORDER APPROVING

                        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:

TARA K. O’BRIEN

                                                            TARA K. O’BRIEN

3330 REYNARD WAY APT 18

                                                            SAN DIEGO, CA 92103

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

CHARLES MURRAY, Enforcement, Los Angeles

I hereby certify that the foregoing is true and correct. Executed in Los Angeles, California, on June 7, 2011.

Signed by:

Rose Luthi

Case Administrator

State Bar Court