State Bar Court of California
Hearing Department
STIPULATION RE FACTS, CONCLUSIONS OF
LAW AND DISPOSITION AND ORDER APPROVING
ACTUAL SUSPENSION
Case Number(s): 10-O-06765
In the Matter of: Marie Estrada , Bar # 214510 , A Member of
the State Bar of California, (Respondent).
Counsel For The State Bar: Mia R. Ellis, Deputy Trial
Counsel, 1149 South Hill Street, Los Angeles, CA 90015, Bar # 228235
Counsel for Respondent: In Pro Per Respondent, Rose
Marie Estrada, Adalbersteinweg 74, 52070 Aachen, GERMANY, Bar# 214510
Submitted to: Assigned Judge – State Bar Court Clerk’s
Office Los Angeles.
Filed: January 18, 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 August
28, 2001.
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 10 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):
<<not>> checked. Until costs are
paid in full, Respondent will remain actually suspended from the practice of
law unless relief is obtained per rule 284, Rules of Procedure.
checked. Costs are to be paid in equal
amounts prior to February 1 for the following membership years: three (3)
billing cycles following the effective dates of the Supreme Court order on this
matter. (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.
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 07-O-14615 and 07-O-14704.
checked.
(b)
Date prior discipline effective October 29, 2009.
checked.
(c)
Rules of Professional Conduct/ State Bar Act violations: Business and
Profession Code sections 6068(a) and 6106
checked.
(d)
Degree of prior discipline sixty days actual suspension, two years probation,
one year stayed
checked.
(e)
If Respondent has two or more incidents of prior discipline, use space provided
below.
10-PM-02950, September 26, 2010, ninety days
actual suspension, two years probation, one year
stayed
<<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.
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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.
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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.
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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.
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checked. (12) Rehabilitation: Considerable time has passed since the acts
of professional misconduct occurred followed by convincing proof of subsequent
rehabilitation.
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checked. (13) No mitigating circumstances are involved.
Additional mitigating circumstances:
D.
Discipline:
checked.
(1) Stayed
Suspension:
checked.
(a) Respondent must be suspended from the practice of law for a period of one
(1) year.
<<not>>
checked. i. and until Respondent shows proof satisfactory to the State Bar
Court of rehabilitation and present fitness to practice and present learning
and ability in the law pursuant to standard 1.4(c)(ii) Standards for Attorney
Sanctions for Professional Misconduct.
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checked. ii. and until Respondent pays restitution as set forth in the
Financial Conditions form attached to this stipulation.
<<not>>
checked. iii. and until Respondent does the following: .
checked.
(b) The above-referenced suspension is stayed.
checked. (2) Probation: Respondent must be placed on probation
for a period of two (2) years, which will commence upon the effective date of
the Supreme Court order in this matter. (See rule 9.18, California Rules
of Court.)
checked. (3) Actual Suspension:
checked.
(a) Respondent must be actually suspended from the practice of law in the State
of California for a period of six (6) months.
<<not>>
checked. i. and until Respondent shows proof satisfactory to the State Bar
Court of rehabilitation and present fitness to practice and present learning
and ability in the law pursuant to standard 1.4(c)(ii), Standards for Attorney
Sanctions for Professional Misconduct
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ii. and until Respondent pays restitution as set forth in the Financial
Conditions form attached to this stipulation.
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checked. iii. and until Respondent does the following:
E. Additional Conditions of Probation:
<<not>>
checked. (1) If Respondent is actually suspended for two years or
more, he/she must remain actually suspended until he/she proves to the State
Bar Court his/her rehabilitation, fitness to practice, and learning and ability
in the general law, pursuant to standard 1.4(c)(ii), Standards for Attorney
Sanctions for Professional Misconduct.
checked.
(2)
During the probation period, Respondent must comply with the provisions of the
State Bar Act and Rules of Professional Conduct.
checked.
(3)
Within ten (10) days of any change, Respondent must report to the Membership
Records Office of the State Bar and to the Office of Probation of the State Bar
of California ("Office of Probation"), all changes of information,
including current office address and telephone number, or other address for
State Bar purposes, as prescribed by section 6002.1 of the Business and
Professions Code.
checked.
(4)
Within thirty (30) days from the effective date of discipline, Respondent must
contact the Office of Probation and schedule a meeting with Respondent's
assigned probation deputy to discuss these terms and conditions of probation.
Upon the direction of the Office of Probation, Respondent must meet with the
probation deputy either in-person or by telephone. During the period of
probation, Respondent must promptly meet with the probation deputy as directed
and upon request.
checked.
(5)
Respondent must submit written quarterly reports to the Office of Probation on
each January 10, April 10, July 10, and October 10 of the period of probation.
Under penalty of perjury, Respondent must state whether Respondent has complied
with the State Bar Act, the Rules of Professional Conduct, and all conditions
of probation during the preceding calendar quarter. Respondent must also state
whether there are any proceedings pending against him or her in the State Bar
Court and if so, the case number and current status of that proceeding. If the
first report would cover less than 30 days, that report must be submitted on
the next quarter date, and cover the extended period.
In addition to all quarterly reports, a final report, containing the same
information, is due no earlier than twenty (20) days before the last day of the
period of probation and no later than the last day of probation.
<<not>>
checked. (6) Respondent must be assigned a probation monitor.
Respondent must promptly review the terms and conditions of probation with the
probation monitor to establish a manner and schedule of compliance. During the
period of probation, Respondent must furnish to the monitor such reports as may
be requested, in addition to the quarterly reports required to be submitted to
the Office of Probation. Respondent must cooperate fully with the probation
monitor.
checked.
(7)
Subject to assertion of applicable privileges, Respondent must answer fully,
promptly and truthfully any inquiries of the Office of Probation and any
probation monitor assigned under these conditions which are directed to Respondent
personally or in writing relating to whether Respondent is complying or has
complied with the probation conditions.
checked.
(8)
Within one (1) year of the effective date of the discipline herein, Respondent
must provide to the Office of Probation satisfactory proof of attendance at a
session of the Ethics School, and passage of the test given at the end of that
session.
No Ethics School recommended. Reason:
<<not>>
checked. (9) Respondent must comply with all conditions of
probation imposed in the underlying criminal matter and must so declare under
penalty of perjury in conjunction with any quarterly report to be filed with
the Office of Probation.
<<not>>
checked. (10) The following conditions are attached hereto and incorporated:
<<not>> checked. Substance
Abuse Conditions.
<<not>> checked. Law Office
Management Conditions.
<<not>> checked. Medical
Conditions.
<<not>> checked. Financial
Conditions.
F. Other Conditions Negotiated by the Parties:
checked.
(1)
Multistate Professional Responsibility Examination: Respondent must
provide proof of passage of the Multistate Professional Responsibility
Examination ("MPRE"), administered by the National Conference of Bar
Examiners, to the Office of Probation during the period of actual suspension or
within one year, whichever period is longer. Failure to pass the MPRE
results in actual suspension without further hearing until passage. But see
rule 9.10(b), California Rules of Court, and rule 5.162(A) & (E), Rules of
Procedure.
<<not>> checked. No MPRE recommended. Reason:
checked.
(2)
Rule 9.20, California Rules of Court: Respondent must comply with the
requirements of rule 9.20, California Rules of Court, and perform the acts
specified in subdivisions (a) and (c) of that rule within 30 and 40 calendar
days, respectively, after the effective date of the Supreme Court's Order in
this matter.
<<not>> checked. (3) Conditional Rule 9.20, California
Rules of Court: If Respondent remains actually suspended for 90 days or
more, he/she must comply with the requirements of rule 9.20, California Rules
of Court, and perform the acts specified in subdivisions (a) and (c) of that
rule within 120 and 130 calendar days, respectively, after the effective date
of the Supreme Court's Order in this matter.
<<not>> checked. (4) Credit for Interim
Suspension [conviction referral cases only]: Respondent will be credited
for the period of his/her interim suspension toward the stipulated period of
actual suspension. Date of commencement of interim suspension:
checked.
(5)
Other Conditions: Respondent was previously ordered on September 29, 2009 to
take and pass the MPRE in connection with State Bar Court case numbers
07-O-14615 and 07-O-14704. If Respondent provides the Office of Probation with
proof of her passage of the MPRE in those matters, it will also satisfy the
MPRE required by this matter.
Attachment language (if any):
ATTACHMENT TO
STIPULATION RE FACTS, CONCLUSIONS OF
LAW AND DISPOSITION
IN THE MATTER OF: Rose Marie
Estrada, State Bar No. 214510
STATE BAR COURT CASE NUMBER:
10-O-06765
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.
Facts:
1. In March,
2009, Respondent entered into a Stipulation Re Facts, Conclusions of Law and
Disposition with the Office of the Chief Trial Counsel of the State Bar of
California ("State Bar") in State Bar Court case numbers 07-O-14615
and 07-O-14704 (the "stipulation"). In the stipulation, Respondent
agreed to comply with certain conditions of probation in order to resolve the
cases.
2. On April
3, 2009, the Hearing Department of the State Bar Court filed an order approving
the stipulation and recommending the disposition set forth in the stipulation
to the California Supreme Court.
3. On
September 29, 2009, the California Supreme Court filed its Order number S175005
regarding the stipulation. The Court ordered that Respondent be suspended from
the practice of law for one year, that execution of the suspension be stayed,
and that Respondent be placed on probation for two years with conditions, including
the condition that she be actually suspended for 60 days (the
"Order"). The Order was effective October 29, 2009. On or about
September 29, 2009, the California Supreme Court clerk served a copy of the
order on Respondent by mail. Respondent received a copy of the Order.
4. As
conditions of probation, the California Supreme Court ordered Respondent to do
the following:
a. During the
period of probation, comply with the State Bar Act and the Rules of
Professional Conduct during the probation period;
b. Within 30
days from the effective date of discipline, Respondent must contact the Office
of Probation and schedule a meeting with Respondent’s assigned Probation Deputy
to discuss probation terms.
c. Submit
written quarterly reports to the State Bar of California’s Office of Probation
("Probation") on each January 10, April 10, July 10 and October 10
during the period of probation, stating under penalty of perjury whether
Respondent had complied with all the State Bar Act, the Rules of Professional
Conduct, and all conditions of probation during the preceding calendar;
d. Report to
the State Bar of California’s Membership Records Office ("Membership
Records") and to Probation all changes of information, including his current
office address and telephone number or, if no office was maintained by him, an
address to be used for State Bar purposes, as prescribed by section 6002.1 of
the Business and Professions Code, within 10 days of any change; and,
e. Subject to
a proper or good faith assertion of any applicable privilege, fully, promptly,
and truthfully answer any inquiries of Probation directed to him, whether
personally or in writing, relating to whether he is complying or has complied
with the conditions of his probation.
5. On
November 18, 2009, Probation mailed a letter to Respondent with information
regarding her probation conditions to her Membership Records address of
Cedaceros 9 - Planta 5,28014 Madrid, ESPANA. With the letter, Probation sent a
blank quarterly report form that she could use to report her compliance to
Probation. In the letter, Probation informed Respondent that her first
quarterly report was due on January 10, 2010. Respondent received the letter.
6. On January
29, 2010, Probation mailed a letter to Respondent to her Membership Records
address of Cedaceros 9 -Planta 5, 28014 Madrid, ESPANA. In the letter,
Probation informed Respondent that Probation had not received her quarterly
report due on January 10, 2010.
7. On March
19, 2010, in case number 10-PM-02950, Probation filed a motion to revoke the
probation imposed on Respondent in case numbers 07-O-14615 and 07-O-14704 based
on Respondent’s failure to file her quarterly report on January 10, 2010 and
failure to timely contact her Probation Deputy to schedule a meeting to review
Probation conditions.
8. On May 27,
2010, the Hearing Department of the State Bar Court filed a decision finding
Respondent culpable of the two charged probation violations and imposing
discipline in a new one year stayed and a new two year probation with
conditions, including ninety days actual suspension.
9. On August
27, 2010, the California Supreme Court filed its Order number S 175005 in case
number 10-PM-02950.
10. Respondent
did not timely file two additional quarterly reports with Probation, covering
the quarterly period of January l, 2010 to June 30, 2010, which were due on
April 10, 2010 and July 10, 2010.
Legal
Conclusion
By failing to
timely file two quarterly reports with Probation, covering the quarterly period
of January 1, 2010 to June 30, 2010, which were due on April 10, 2010 and July
I0, 2010, Respondent is culpable of two counts of wilfully violating Business
and Professions Code section 6068, subdivision (k).
PENDING
PROCEEDINGS.
The
disclosure date referred to, on page 2, paragraph A(7), was December 21, 2010.
COSTS OF
DISCIPLINARY PROCEEDINGS.
Respondent
acknowledges that the Office of the Chief Trial Counsel has informed respondent
that as of December 21, 2010, the prosecution costs in this matter are
$1,983.00. 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.
STATE BAR
ETHICS SCHOOL.
Because
respondent has agreed to attend State Bar Ethics School as part of this
stipulation, respondent may receive Minimum Continuing Legal Education credit upon
the satisfactory completion of State Bar Ethics School.
SIGNATURE OF THE PARTIES
Case Number(s): 10-O-06765
In the Matter of: Rose Marie Estrada
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:
R. Marie Estrada
Date:
December 27, 2010
Respondent’s
Counsel:
Date:
Deputy Trial
Counsel: Mia R. Ellis
Date: January
3, 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 18, 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 Angles,
California, addressed as follows:
ROSE MARIE ESTRADA
ADALBERSTEINWEG 74
52070 AACHEN
GERMANY
<<not>> checked. by
certified mail, No., with return receipt requested, through the United States
Postal Service at, California, addressed as follows:
<<not>> checked. by
overnight mail at, California, addressed as follows:
<<not>> checked. by fax
transmission, at fax number. No error was reported by the fax machine that I
used.
<<not>> checked. By
personal service by leaving the documents in a sealed envelope or package
clearly labeled to identify the attorney being served with a receptionist or a
person having charge of the attorney’s office, addressed as follows:
checked. by interoffice mail through a
facility regularly maintained by the State Bar of California addressed as
follows:
MIA ELLIS, Enforcement, Los Angeles
I hereby
certify that the foregoing is true and correct. Executed in Los Angeles,
California, on January 18, 2011.
Signed by:
Angela
Carpenter
Case
Administrator
State Bar
Court