State Bar Court of California
Hearing Department
STIPULATION RE FACTS, CONCLUSIONS OF LAW AND DISPOSITION AND ORDER
APPROVING
STAYED
SUSPENSION; NO ACTUAL SUSPENSION
Case Number(s): 11-O-14909; 11-O-15301
In the Matter of: ZACHARY B. REBER, Bar # 241534, A Member
of the State Bar of California, (Respondent).
Counsel For The State Bar: Susan I. Kagan, Bar #241534
Counsel for Respondent: Zachary B. Reber, Bar #241534
Submitted to: Assigned Judge.
Filed: December 2, 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 January
30, 2006.
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 13 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.
<<not>>
checked. Costs are to be paid in equal amounts prior to February 1 for the
following membership years: . (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.
<<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 or a separate
attachment entitled “Prior Discipline. .
<<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 9.
<<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.
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. See page
9.
<<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. See page 9.
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. See page 9.
<<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:
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.
<<not>> 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:
.
<<not>> checked. (b) The above-referenced suspension is
stayed.
checked. (2) Probation: Respondent
must be placed on probation for a period of four (4) years, which will commence
upon the effective date of the Supreme Court order in this matter. (See rule 9.18,
California Rules of Court.)
E. Additional Conditions of Probation:
checked. (1) During the probation
period, Respondent must comply with the provisions of the State Bar Act and
Rules of Professional Conduct.
checked. (2) 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. (3) 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. (4) 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. (5) 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. (6) 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. (7) 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.
<<not>> checked. No Ethics School recommended. Reason: .
<<not>> checked. (8) 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.
checked. (9) The following
conditions are attached hereto and incorporated:
<<not>>
checked. Substance Abuse Conditions.
<<not>>
checked. Law Office Management Conditions.
<<not>>
checked. Medical Conditions.
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 within one year. 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: .
<<not>> checked. (2) Other
Conditions: .
Attachment language (if any): .
ATTACHMENT TO
STIPULATION RE FACTS, CONCLUSIONS OF LAW AND DISPOSITION
IN THE MATTER OF: Zachary B. Reber, State Bar No. 241534
STATE BAR COURT CASE NUMBER: 11-O-14909
FACTS AND CONCLUSIONS OF LAW.
Facts
1. At all relevant times herein, "US Loan Auditors, LLC",
"US Loan Auditors, Inc." and "My US Legal Services"
(hereinafter "My US Legal") were companies owned, in part, by
non-attorneys. At all relevant times herein, homeowners hired My US Legal to
file predatory lender lawsuits and paid advanced attorney’s fees in monthly
installments to My US Legal. Thereafter, My US Legal hired outside attorneys
("contract attorneys") to handle the predatory lender lawsuits. My US
Legal paid the contract attorney $250.00 per month per client as attorney’s
fees. The $250.00 was paid from the monthly installments paid to My US Legal by
the homeowners as advanced attorney’s fees.
2. From April through October 2010, My US. Legal hired respondent to handle
predatory lender lawsuits on behalf of its clients. From April through October
2010, My US Legal paid respondent a total of $21,000.00 as fees from a portion
of the monthly installments paid to My US Legal by the homeowners as advanced
attorney’s fees. The $21,000.00 represented an impermissible fee split with a
non-attorney. Respondent failed to perform any work of value on behalf of the
homeowners. Respondent did not earn the $21,000.00 paid as advanced fees. On
October 6, 2010, the Attorney General of California filed a complaint against
My US Legal. Thereafter, My US Legal filed a petition for bankruptcy in Estate
of My US Legal Services, Inc., U.S. Bankruptcy Court, Eastern District,
Sacramento Division, Case No. 10-51750. Susan K. Smith is Trustee in the
bankruptcy matter and is responsible for distributing the estate, in part, to
the victims of respondent’s misconduct.
3. Prior to January 2010, Arlene Avila ("Avila") hired My US
Legal to file a predatory lender lawsuit on her behalf. In January 2010, My US
Legal hired respondent to handle the Avila matter. At all relevant times
herein, Avila paid My US Legal advanced attorney’s fees in monthly
installments. My US Legal forwarded $1,250.00 (paid in installments of $250.00
per month) to respondent for the Avila matter. The $1,250.00 represented
attorney’s fees and was paid from a portion of the advanced attorney’s fees
paid by Avila to My US Legal. The $1,250.00 represented an impermissible fee
split with a non-attorney.
4. Thereafter, My US Legal filed a complaint on behalf of Avila.
Thereafter, respondent failed to perform any work of value in the Avila matter.
Respondent did not earn the $1,250.00 paid as advanced fees.
Conclusions of Law
1. By splitting the legal fees with My US Legal, respondent shared a legal
fee with a person who is not a lawyer in willful violation of rule 1-320(A) of
the Rules of Professional Conduct.
2. By failing to perform any work of value in the Avila matter, respondent
intentionally, recklessly, or repeatedly failed to perform legal services with
competence in willful violation of rule 3-110(A) of the Rules of Professional
Conduct.
3. By failing to refund $1,250.00 in unearned fees to Avila, respondent
failed to refund promptly any part of a fee paid in advance that has not been
earned in willful violation of rule 3-700(D)(2) of the Rules of Professional
Conduct.
Case No. 11-O-15301
Facts
1. Prior to July 2011, respondent was hired to represent Doran Adkins
("Adkins") in the matter, Adkins v. Bear Sterns Residential Mortgage
Corporation, Contra Costa County Superior Court Case No. MSC 10- 01661
("civil case").
2. At all relevant times herein, respondent was attorney of record on
behalf of Adkins in the civil case.
3. From July 1, 2011, through July 20, 2011, respondent was enrolled
inactive for failure to comply with his MCLE requirements. From July 1, 2011,
through July 20, 2011, respondent was not permitted to practice law. From July
1, 2011, through July 20, 2011, respondent knew or should have known that he
was enrolled inactive for failing to comply with his MCLE requirements and not
permitted to practice law.
4. From July 1, 2011, through July 20, 2011, respondent continued to
represent Adkins in the civil case. During that time, respondent held himself
out as entitled to practice law and practiced law, including, as follows: on
July 7, 2011 respondent filed an opposition to a demurrer in the civil case.
Conclusions of Law
By continuing to practice law and by holding himself out as entitled to
practice law in California from July 1, 2011 through July 20, 2011, when he
knew or should have known that he was not entitled to practice law in
California, respondent held himself out and practiced law when he was not an
active member of the State Bar of California. Respondent wilfully violated
Business and Professions Code sections 6125 and 6126 and thereby failed to
abide by and support the laws of the State of California in violation of
section 6068(a).
PENDING PROCEEDINGS
The disclosure date referred to, on page 2, paragraph A(7), was November
28, 2011.
COSTS OF DISCIPLINARY PROCEEDINGS
Respondent acknowledges that the State Bar has informed respondent that as
of October 27, 2011, the estimated prosecution costs in this matter are
approximately $3,689.00. Respondent acknowledges that this figure is an
estimate only and that it does not include State Bar Court costs which will be
included in any final cost assessment. 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.
FACTS SUPPORTING AGGRAVATING AND MITIGATING CIRCUMSTANCES
AGGRAVATING CIRCUMSTANCES
Standard 1.2(b)(iv). Respondent’s misconduct caused significant harm to his
clients.
MITIGATING CIRCUMSTANCES
Standard 1.2(e)(v). Respondent displayed spontaneous candor and cooperation
to the State Bar during the disciplinary proceedings.
Standard 1.2(e)(vii). Respondent displayed remorse for his misconduct.
Respondent has been practicing law since 2006, and has no prior record of
discipline.
SUPPORTING AUTHORITY
Standard 2.4(b) requires reproval or suspension for a respondent who has
wilfully failed to perform services in which he was retained.
Standard 2.6 requires that a violation of Business and Professions Code
sections 6068, 6125 and 6126 shall result in disbarment or suspension according
to the gravity of the offense or harm, if any, to the victim, with due regard
to the purpose of imposing discipline set forth in standard 1.3.
Standard 2.10 requires that a violation of any provision of the Rules of
Professional Conduct not specified in the standards (e.g., rules 1-320(A) and
3-700(D)(2)) shall result in reproval or suspension according to the gravity of
the offense or harm, if any, to the victim, with due regard to the purpose of
imposing discipline set forth in standard 1.3.
Generally, fee splitting with a non-attorney results in a period of actual
suspension. (See, e.g., In the Matter of Bragg (Review Dept. 1997) 3 Cal. State
Bar Ct. Rptr. 615; In re Arnoff(1978) 22 Cal.3d 125; In the Matter of Jones
(Review Dept. 1~93) 2 Cal. State Bar Ct. Rptr. 411; In the Matter of Scapa and
Brown (Review Dept. 1993) 2 Cal. State Bar Ct. Rptr. 635; In the Matter of
Nelson (Review Dept. 1991) 1 Cal. State Bar Ct. Rptr. 178].) However, in light
of respondent’s youth and inexperience (see Recht v. State Bar (1933) 218 Cal.
352, 355), and the fact that he is making restitution to the victims of his
misconduct, a stayed suspension is the appropriate level of discipline in this
matter.
FINANCIAL CONDITIONS
Case Number(s): 11-O-14909 [ 11-O-15301 ]
In the Matter of: ZACHARY B. REBER
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: Arlene Avila
Principal Amount: $1,250.00
Interest Accrues From: N/A
2. Payee: Susan K. Smith, Trustee for
Estate of My US Legal Services, Inc., U.S.
Bankruptcy Court, Eastern District, Sacramento
Division, Case No. 10-51750
Principal Amount: $19,750.00
Interest Accrues From: N/A
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
forty-five (45) months from the effective date of discipline.
b. Installment Restitution Payments
<<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
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.
c. Client Funds Certificate
<<not>> 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.
d. Client Trust Accounting School
<<not>> 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.
SIGNATURE OF THE PARTIES
Case Number(s): 11-O-14909 [11-O-15301]
In the Matter of: ZACHARY B. REBER
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: ZACHARY B. REBER
Date: 11/29/11
Respondent’s Counsel: N/A
Date:
Deputy Trial Counsel: Susan I. Kagan
Date: 12/1/11
STAYED SUSPENSION ORDER
Case Number(s): 11-O-14909 [11-O-15301
In the Matter of: ZACHERY B. REBER
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:
<<not>> checked. The stipulated facts and disposition are
APPROVED and the DISCIPLINE RECOMMENDED to the Supreme Court.
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.
1. On page 10 of the stipulation received on December 1, 2011 in this
matter, under the heading, "b. Installment Restitution Payments, "
DELETE the "x" from the box next to the paragraph/sentence, which
begins, ’If Respondent fails to pay any installments as described above,"
as there are no installment payments described.
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: Pat McElroy
Date: 12/2/11
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 San Francisco, on December
2, 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 San Francisco, California, addressed as
follows:
ZACHARY B. REBER
PO BOX 311
SAN QUENTIN, CA 94964
<<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:
SUSAN I. KAGAN, Enforcement, San Francisco
I hereby certify that the foregoing is true and correct. Executed in San
Francisco, California, on December 2, 2011.
Signed by:
Lauretta Cramer
Case Administrator
State Bar Court