Case Number(s): 05-O-03264
In the Matter of: Lonnie J. Brandon, Bar # 181410, A Member of the State Bar of California, (Respondent).
Counsel For The State Bar: Gordon L. Grenier, Bar # 225430
Counsel for Respondent: Bar #
Submitted to: Assigned Judge State Bar Court Clerk’s Office Los Angeles
Filed: March 16, 2007
<<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 January 3, 1996.
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 9 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 added to membership fee for calendar year following effective date of discipline (public reproval).
<<not>> checked. case ineligible for costs (private reproval).
<<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 284, Rules of Procedure.)
<<not>> checked. costs waived in part as set forth in a separate attachment entitled "Partial Waiver of Costs".
<<not>> checked. costs are entirely waived.
9. The parties understand that:
<<not>> checked. (a) A private reproval imposed on a respondent as a result of a stipulation approved by the Court prior to initiation of a State Bar Court proceeding is part of the respondent’s official State Bar membership records, but is not disclosed in response to public inquiries and is not reported on the State Bar’s web page. The record of the proceeding in which such a private reproval was imposed is not available to the public except as part of the record of any subsequent proceeding in which it is introduced as evidence of a prior record of discipline under the Rules of Procedure of the State Bar.
<<not>> checked. (b) A private reproval imposed on a respondent after initiation of a State Bar Court proceeding is part of the respondent’s official State Bar Membership records, is disclosed in response to public inquiries and is reported as a record of public discipline on the State Bar’s web page.
checked. (c) A public reproval imposed on a respondent is publicly available as part of the respondent’s official State Bar membership records, is disclosed in response to public inquiries and is reported as a record of public discipline on the State Bar’s web page.
IN THE MATTER OF: LONNIE J. BRANDON
CASE NUMBER(S): 05-0-03264
FACTS AND CONCLUSIONS OF LAW.
Respondent admits that the following facts are tree and that he is culpable of violations of the specified statutes and Rules of Professional conduct.
WAIVER OF VARIANCE BETWEEN NOTICE OF DISCIPLINARY CHARGES AND STIPULATED FACTS AND CULPABILITY
The parties waive any variance between the Notices of Disciplinary Charges filed on August 25, 2006, and the facts and/or conclusions of law contained in this stipulation. Additionally, the parties waive the issuance of an amended NDC.
Statement of Facts:
1. On March 10, 2000, Eva Jennings ("Jennings") hired Respondent on a contingency fee basis to represent her in a personal injury claim.
2. On March 8, 2001, Respondent filed on behalf of Jennings a personal injury lawsuit in the San Bernardino County Superior Court ("lawsuit").
3. In January 2002, Respondent settled Jennings’ lawsuit. Respondent sent Jennings a letter confirming that he had agreed to accept $785 out of the settlement proceeds as his attorney’s fees, and to hold the additional $2000 in trust, and that he would attempt to negotiate Jennings’ medical bills and pay those bills with the entrusted funds.
4. On January 28, 2002, the insurance company sent Respondent a settlement check in the amount of $2,785, payable to "Eva Jennings and Lonnie Brandon Attorney at Law." On January 30, 2002, Respondent deposited this check into his client trust account.
5. Between January 28, 2002 and February 2005, Respondent maintained Jennings’ funds in trust, however he neglected to use these funds to pay Jennings’ medical providers.
6. In July 2003, Jennings requested that Respondent pay her $600 out of the entrusted funds to reimburse her for a medical provider payment that she had made. On July 18, 2003, Respondent paid Jennings $600 as requested.
7. In February 2005, Jennings received a billing notice from a collection agency, demanding payment for medical services rendered in connection with her lawsuit. Respondent had not advised Jennings that her remaining medical providers had yet to be paid.
8. On October 10, 2005, Jennings sent a letter to Respondent asking for an accounting of the proceeds of the settlement check, and of the costs incurred in her case. Respondent promptly replied to Jennings’ letter, advising her that he was currently unable to locate her file and therefore he could not provide her with a timely accounting.
9. On September 14, 2006, Respondent refunded to Jennings the balance of the entrusted funds earmarked to pay Jennings’ medical providers.
Conclusions of Law:
10. By failing to monitor the completion of Jennings’ case, by failing to pay Jennings’ medical providers, and by misplacing Jennings’ file, Respondent failed to perform with competence in violation of rule 3-110(A) of the Rules of Professional Conduct.
11. By failing to inform Jennings that her medical providers had not been paid, Respondent failed to keep his client reasonably informed of significant developments in violation of section 6068(m) of the Business and Professions Code.
MITIGATING CIRCUMSTANCES
No Prior Record of Discipline
Respondent has no prior record of discipline in eleven years of practice.
AUTHORITIES SUPPORTING DISCIPLINE
Standard 2.4(b) states that the culpability of a member of wilfully failing to perform services in an individual matter or matters not demonstrating a pattern of misconduct or culpability of a member of wilfully failing to communicate with a client shall result in a reproval or suspension depending upon the extent of the misconduct and the degree of harm to the client.
In Samuelson v. State Bar (1979) 23 Cal.3d 558, the respondent failed to expeditiously process probate proceedings by delaying the matter for five years even though the issues were not complex. Samuelson failed to communicate with one of the heirs to the estate and failed to communicate with the State Bar even after promising to do so. In mitigation, the Court considered respondent’s 30 years of practice without prior discipline. The respondent received a public reproval.
The instant case involves a single client matter. Respondent’s misconduct appears to be centered around the loss of the Jennings’ file. Jennings has since been refunded the remaining money held in trust by Respondent.
DISMISSALS
The State Bar requests the Court dismiss the following in the interest of justice:
Counts 1-4, and 6.
SIGNATURE OF THE PARTIES
Case Number(s): 05-O-03264
In the Matter of: Lonnie J. Brandon
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: Lonnie J. Brandon
Date: 3-1-7
Respondent’s Counsel:
Date:
Deputy Trial Counsel: Gordon L. Grenier
Date: 3-6-07
Case Number(s): 05-O-03264
In the Matter of: Lonnie J. Brandon
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 REPROVAL IMPOSED.
<<not>> checked. The stipulated facts and disposition are APPROVED AS MODIFIED as set forth below, and the REPROVAL IMPOSED.
<<not>> checked. All court dates in the Hearing Department 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 125(b), Rules of Procedure.) Otherwise the stipulation shall be effective 15 days after service of this order.
Failure to comply with any conditions attached to this reproval man constitute cause for a separate proceeding for willful breach of rule 1-110, Rules of Professional Conduct.
Signed by:
Judge of the State Bar Court: Richard A. Platel
Date: 03-15-07
[Rule 62(b), Rules Proc.; 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 March 16, 2007, 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:
LONNIE J BRANDON
LAW OFC LONNIE BRANDON
200 CORPORATE POINTE #495
CULVER CITY CA 90230
checked. by interoffice mail through a facility regularly maintained by the State Bar of California addressed as follows:
GORDON GRENIER, Enforcement, Los Angeles
I hereby certify that the foregoing is true and correct. Executed in Los Angeles, California, on March 16, 2007.
Signed by:
Angela Owens-Carpenter
Case Administrator
State Bar Court