Case Number(s): 09-O-14973
In the Matter of: Mayra I. Laureano, Bar # 194702, A Member of the State Bar of California, (Respondent).
Counsel For The State Bar: Cindy McCaughey,
Deputy Trial Counsel
1149 S. Hill Street
Los Angeles, CA 90015
Bar # 222126
Counsel for Respondent: In Pro Per Respondent
Mayra I Laureano
1522 4th Street
Santa Ana, CA 92701
714/560-8830
Bar # 194702
Submitted to: Assigned Judge
Filed: July 12, 2011 at State Bar Court Clerk’s Office Los Angeles
<<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.
1. Respondent is a member of the State Bar of California, admitted April 6, 1998.
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.
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. Dismissed charge(s)/count(s) are listed under "Dismissals." The stipulation consists of 12 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. The parties must include supporting authority for the recommended level of discipline under the heading "Supporting Authority."
7. 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.
8. Payment of Disciplinary Costs-Respondent acknowledges the provisions of Bus. & Prof. Code §§6086.10 & 6140.7. (Check one option only):
checked. Costs are added to membership fee for calendar year following effective date of discipline.
checked. Costs are to be paid in equal amounts prior to February 1 for the following membership years: 2012 and 2013. (Hardship, special circumstances or other good cause per rule 5.132, Rules of Procedure.) If Respondent fails to pay any installment as described above, or as may be modified by the State Bar Court, the remaining balance is due and payable immediately.
<<not>> checked. Costs are waived in part as set forth in a separate attachment entitled "Partial Waiver of Costs".
<<not>> checked. Costs are entirely waived.
Respondent was experiencing medical difficulties during the time of misconduct for which she is continuing to seek treatment
Case Number(s): 09-O-14973
In the Matter of: Mayra I. Laureano
a. Restitution
checked. Respondent must pay restitution (including the principal amount, plus interest of 10% per annum) to the payee(s) listed below. If the Client Security Fund (“CSF”) has reimbursed one or more of the payee(s) for all or any portion of the principal amount(s) listed below, Respondent must also pay restitution to CSF in the amount(s) paid, plus applicable interest and costs.
1. Payee Daniel Ceja
Principal Amount $3,000.00
Interest Accrues From March 7, 2009
2. Payee
Principal Amount
Interest Accrues From
3. Payee
Principal Amount
Interest Accrues From
4. Payee
Principal Amount
Interest Accrues From
checked. Respondent must pay above-referenced restitution and provide satisfactory proof of payment to the Office of Probation not later than one year from the effective date of discipline.
<<not>> checked. Respondent must pay the above-referenced restitution on the payment schedule set forth below. Respondent must provide satisfactory proof of payment to the Office of Probation with each quarterly probation report, or as otherwise directed by the Office of Probation. No later than 30 days prior to the expiration of the period of probation (or period of reproval), Respondent must make any necessary final payment(s) in order to complete the payment of restitution, including interest, in full.
1. Payee/CSF (as applicable)
Minimum Payment Amount
Payment Frequency
2. Payee/CSF (as applicable)
Minimum Payment Amount
Payment Frequency
3. Payee/CSF (as applicable)
Minimum Payment Amount
Payment Frequency
4. Payee/CSF (as applicable)
Minimum Payment Amount
Payment Frequency
<<not>> checked. If Respondent fails to pay any installment as described above, or as may be modified by the State Bar Court, the remaining balance is due and payable immediately.
checked.
1. If Respondent possesses client funds at any time during the period covered by a required quarterly report, Respondent must file with each required report a certificate from Respondent and/or a certified public accountant or other financial professional approved by the Office of Probation, certifying that:
a. Respondent has maintained a bank account in a bank authorized to do business in the State of California, at a branch located within the State of California, and that such account is designated as a “Trust Account” or “Clients’ Funds Account”;
b. Respondent has kept and maintained the following:
i. A written ledger for each client on whose behalf funds are held that sets forth:
1. the name of such client;
2. the date, amount and source of all funds received on behalf of such client;
3. the date, amount, payee and purpose of each disbursement made on behalf of such client; and,
4. the current balance for such client.
ii. a written journal for each client trust fund account that sets forth:
1. the name of such account;
2. the date, amount and client affected by each debit and credit; and,
3. the current balance in such account.
iii. all bank statements and cancelled checks for each client trust account; and,
iv. each monthly reconciliation (balancing) of (i), (ii), and (iii), above, and if there are any differences between the monthly total balances reflected in (i), (ii), and (iii), above, the reasons for the differences.
c. Respondent has maintained a written journal of securities or other properties held for clients that specifies:
i. each item of security and property held;
ii. the person on whose behalf the security or property is held;
iii. the date of receipt of the security or property;
iv. the date of distribution of the security or property; and,
v. the person to whom the security or property was distributed.
2. If Respondent does not possess any client funds, property or securities during the entire period covered by a report, Respondent must so state under penalty of perjury in the report filed with the Office of Probation for that reporting period. In this circumstance, Respondent need not file the accountant’s certificate described above.
3. The requirements of this condition are in addition to those set forth in rule 4-100, Rules of Professional Conduct.
checked. Within one (1) year of the effective date of the discipline herein, Respondent must supply to the Office of Probation satisfactory proof of attendance at a session of the Ethics School Client Trust Accounting School, within the same period of time, and passage of the test given at the end of that session.
IN THE MATTER OF: Mayra I. Laureano
CASE NUMBER(S): 09-O-14973
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 Rules of Professional Conduct.
Case No. 09-0-14973 (Complainant: Daniel Ceja)
FACTS:
1. On March 7, 2009, Daniel Ceja ("Ceja"), Alfredo Lopez ("Alfredo"), and Monica Lopez ("Monica"), Joint-Tenants of a home hired Respondent to represent them in a loan modification process with their lender. Ceja paid Respondent $1,000 as a deposit towards attorney fees and supplied Respondent with copies of all necessary income tax documents.
2. On March 12, 2009, Ceja hired Respondent to represent him in a breach of contract action. Ceja paid Respondent $2,000 as a deposit towards attorney fees.
3. During the period of March 7, 2009 through July 2009, Respondent did not complete the loan modification matter and from March 12, 2009 through July 2009, did not complete the work on the breach of contract case.
4. In July 2009, Lopez requested return of income tax documents.
5. Although the work on the cases was not completed, Respondent did not refund any portion of the advance fees to Ceja.
6. Respondent failed to rectum the income tax documents to Ceja, Monica or Alfredo during the period of her employment or upon request.
CONCLUSIONS OF LAW:
7. By not completing the matters or performing any services of value to the clients on the two matters, Respondent intentionally, recklessly, or repeatedly failed to perform legal services with competence in willful violation of Rules of Professional Conduct, rule 3-110(A).
8. By not returning the unearned fees, in a matter for which Respondent had not performed any work for which the clients obtained any appreciable benefit, Respondent failed to refund promptly any part of a fee paid in advance that has not been earned in willful violation of Rules of Professional Conduct, rule 3-700(D)(2).
9. By not returning the clients’ income tax records after a reasonable time and after being requested to do so by the clients, Respondent failed to release promptly, upon termination of employment, to the client, at the request of the client, all the client papers and property in willful violation of Rules of Professional Conduct, rule 3-700(D)(1).
PENDING PROCEEDINGS.
The disclosure date referred to, on page 2, paragraph A(7), was June 29, 2011.
AUTHORITIES SUPPORTING DISCIPLINE.
To determine the appropriate level of discipline, the Standards for Attorney Sanctions for Professional Misconduct provide guidance. Drociak v. State Bar (1991) 52 Cal.3d 1085; In the Matter of Sampson, 3 Cal. State Bar Ct. Rptr. 119. The applicable standards in this case include 1.3, 1.6, 2.4(b) and 2.6.
Pursuant to Standard 1.3:
The primary purposes of disciplinary proceedings conducted by the State Bar of
California and of sanctions imposed upon a finding or acknowledgment of a
member’s professional misconduct are the protection of the public, the courts and the
legal profession; the maintenance of high professional standards by attorneys and the
preservation of public confidence in the legal profession. Rehabilitation of a member
is a permissible object of a sanction imposed upon the member but only if the
imposition of rehabilitative sanctions is consistent with the above-stated primary
purposes of sanctions for professional misconduct.
Pursuant to Standard 2.4(b), "culpability of a member of willfully failing to perform services in an individual matter or matters not demonstrating a pattern of misconduct or culpability of a member of willfully failing to communicate with a client shall result in reproval or suspension depending upon the extent of the misconduct and the degree of harm to the client."
Standard 2.6 provides that disbarment or suspension is appropriate, "depending on the gravity of the offense or the harm, if any, to the victim, with due regard to the purposes imposing discipline set forth in Standard 1.3" when culpability if found for a violation of section 6068 of the Business and Professions Code.
In this case, the parties submit the purposes of Standard 1.3 are met by a period of stayed suspension with conditions of probation appropriate to assure future protection of the public.
DISMISSALS.
The parties respectfully request the Court to dismiss the following alleged violations in the interest of justice:
Case Number 09-0-14973 Count Two
Alleged Violation Business & Professions Code 6068(m)
Case Number 09-0-14973 Count Four
Alleged Violation Rules of Professional Responsibility, rule 4-100(B)(3)
Case Number 09-0-14973 Count Six
Alleged Violation Rules of Professional Responsibility Business & Professions Code 6068(i)
COSTS OF DISCIPLINARY PROCEEDINGS.
Respondent acknowledges that the Office of the Chief Trial Counsel has informed respondent that as of June 29, 2011, the prosecution costs in this matter are $3,269.00. Respondent further acknowledges that should this stipulation be rejected or should relief from the stipulation be granted, the costs in this matter may increase due to the cost of further proceedings.
Case Number(s): 09-O-14973
In the Matter of: Mayra I. Laureano
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.
Signed by:
Respondent: Mayra Laureano
Date: 6/30/11
Respondent’s Counsel:
Date:
Deputy Trial Counsel: Cindy McCaughey
Date: 6/30/11
Case Number(s): 09-O-14973
In the Matter of: Mayra I. Laureano
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 disposition are APPROVED and the DISCIPLINE RECOMMENDED to the Supreme Court.
<<not>> checked. The stipulated facts and disposition are APPROVED AS MODIFIED as set forth below, and the DISCIPLINE IS RECOMMENDED to the Supreme Court.
<<not>> checked. All Hearing dates are vacated.
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. (See rule 5.58 (E) & (F), Rules of Procedure.) The effective date of this disposition is the effective date of the Supreme Court order herein, normally 30 days after the file date. (See rule 9.18(a), California Rules of Court.)
Signed by:
Judge of the State Bar Court: Richard A. Honn
Date: 7/11/11
[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 24, 2012, 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;
MAYRA LAUREANO ATTORNEY AT LAW
LAW OFFICE OF MAYRA I LAUREANO
1522 EAST 4TH STREET
SANTA ANA, CALIFORNIA 92701
checked by interoffice mail through a facility regularly maintained by the State Bar of California addressed as follows:
Alan B. Gordon, Enforcement, Los Angeles
I hereby certify that the foregoing is true and correct. Executed in Los Angeles, California, on July 12, 2011.
Signed by:
Julieta E. Gonzales
Case Administrator
State Bar Court