Los Angeles
Case Number(s): 06-C-10234,
In the Matter of: Richard J. Ruszat II, Bar # 220432, A Member of the State Bar of California, (Respondent).
Counsel For The State Bar: David T. Sauber,
1149 S. Hill St.
Los Angeles, CA 90015
(213) 765.1252
Bar # 176554 ,
Counsel for Respondent: Gary M. Pohlson,
23151 Moulton Parkway, Suite 102
Laguna Hills, CA 92653
(949) 859-7070
Bar # 67158
Submitted to: Program Judge – State Bar Court Clerk’s Office Los Angeles .
Filed: October 30, 2008.
<<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 July 29, 2002.
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 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.
Additional aggravating circumstances: None.
Additional mitigating circumstances:
IN THE MATTER OF: RICHARD JOHN RUSZAT II, State Bar No.220432
STATE BAR COURT CASE NUMBER: 06-C-10234
PENDING PROCEEDINGS
The disclosure date referred to on page one, paragraph A.(6), is not applicable.
PARTIES ARE BOUND BY THE STIPULATED FACTS:
The parties intend to be and are hereby bound by the stipulated facts contained in this stipulation.. This stipulation as to facts and the facts so stipulated shall independently survive even if the conclusions of law and/or stipulated disposition set forth herein are rejected or changed in any manner whatsoever by the Hearing Department or the Review Department of the State Bar Court, or by the California Supreme Court.
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 his 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 his 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 he may have to seek review or reconsideration on the basis of any relief he 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 California Supreme Court.
STIPULATION AS TO FACTS AND CONCLUSIONS OF LAW.
Respondent admits that the following facts are true and that he is culpable of violations of the specified statutes and/or Rules of Professional Conduct, or has otherwise committed acts of misconduct warranting discipline, as follows:
Stipulated facts and circumstances for Case No. 06-C-10234
1. On January 2, 2006, at 8:00 a.m., Respondent approached his wife, Michelle, in the kitchen, grabbed a cup of coffee out of her hand, and asked her if she wanted a divorce. He yelled at her to answer him and she finally stated, "Yes." Respondent then told Michelle: "You will die first before I give you a divorce." Respondent then picked up a ten-inch knife and placed it very close to Michelle’s throat. This placed Michelle in great fear for her safety. Respondent then placed the knife down to his own wrist and said he was going to kill himself.
2. During this interchange all three of Respondent’s daughters, ages six, four, and two, were in the same house. Respondent’s six-year-old daughter came to the kitchen and asked why Respondent was saying he wanted to kill himself and Michelle. Michelle then took her daughter back upstairs.
3. Eventually Michelle brought the three children downstairs to cook them breakfast. Respondent and Michelle began arguing which made the children cry. Around the same time, Michelle’s brother, Alain, arrived at the home. Respondent told Michelle that he would hit Alain with a baseball bat if he entered the residence. Respondent then went to the garage and possessed a baseball bat which he brought into the house. Respondent then told Michelle he was going to hit her with the baseball bat next. Despite warnings from Michelle,Alain entered the residence and approached Respondent. Respondent held the baseball bat up as if he were going to swing and strike with it. Alain told Respondent that he did not believe Respondent would use the baseball bat and then ordered Michelle and the children to leave the residence, which they did. Respondent then went into the garage and started destroying things in the garage.
4. Subsequently, Michelle requested and obtained an emergency protective order. Respondent was arrested and was also presented with the emergency protective order. Following his arrest, Respondent denied holding the knife to Michelle and threatening Alain with a baseball bat.
5. On January 4, 2006, a felony complaint was filed in Orange County Superior Court, Case No. 06SF0009, charging Respondent with the following: Count 1- felony violation of Penal Code section 245(a)(1): Aggravated assault; and Count 2- felony violation of Penal Code section 422: Criminal threats.
6. On January 11, 2007, a jury trial in Case No. 06SF009 commenced. The trial lasted for five days. On January 19, 2007, Respondent was found guilty of both Counts 1 and and 2 of the felony complaint filed on January 4, 2006. On April 25, 2005, Respondent was sentenced to three years formal probation including the following conditions: pay fines and fees; use no drugs or alcohol; undergo drug testing; attend Domestic Violence Child Abuser’s Treatment Program; attend and complete Domestic Violence Child & Youth Services Program Project Program; attend and complete Domestic Violence Health Care Agency Domestic Violence Substance Abuse Program; attend and complete Domestic Violence Batterers’ Treatment Program; complete 760 hours community service; and do not have contact with Michelle A. Ruszat.
Conclusions of Law for Case No. 06-C-10234
7. The facts and circumstances surrounding Respondent’s conviction, including his wilful violation of Penal Code sections 245(a)(1) [Aggravated assault] and 422 [Criminal threats], a misdemeanor, does not involve moral turpitude, but does involve other misconduct warranting discipline pursuant to Business and Professions Code, sections 6101 and 6102, in wilful violation of Business and Professions Code, section 6068(a).
Case Number(s): 06-C-10234
In the Matter of: Richard J. Ruszat II
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: Richard J. Ruszat II
Date: May 13, 2008
Respondent’s Counsel: Gary M. Pohlson
Date: May 17, 2008
Deputy Trial Counsel: David T. Sauber
Date: May 15, 2008
Case Number(s): 06-C-10234
In the Matter of: Richard J. Ruszat II
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.
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: October 30, 2008
DECLARATION OF SERVICE
by
REGULAR MAIL
CASE NUMBER(s): 06-C-10234
l, 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 LAW
in a sealed envelope placed for collection and mailing at Los Angeles, on the date shown below, addressed to:
Courtesy Copy:
GARY M. POHLSON
23151 MOULTON PARKWAY, SUITE #102
LAGUNA HILLS, CA 92653
in an inter-office mail facility regularly maintained by the State Bar of California addressed to:
N/A
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: May 15, 2008
SIGNED BY: Sandra Jones
Declarant
[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 October 30, 2008, I deposited a true copy of the following document(s):
STIPULATION RE FACTS AND CONCLUSIONS OF LAW
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:
GARY MICHAEL POHLSON, ESQ
POHLSON MOORHEAD & GOETHALS
23151 MOULTON PKY #102
LAGUNA HILLS, CA 92653
RICHARD J. RUSZAT II, ESQ,
82 ROYAL SAINT GEORGE
NEWPORT BEACH, CA 92660
RICHARD J. RUSZAAT, ESQ.
333 S. HOPE STREET #35 FLR.
LOS ANGELES, CA 90071
checked. by interoffice mail through a facility regularly maintained by the State Bar of California addressed as follows:
CHARLES MURRAY, ESQ., Enforcement, Los Angeles
I hereby certify that the foregoing is true and correct. Executed in Los Angeles, California, on October 30, 2008.
Signed by:
Rose Luthi
Case Administrator
State Bar Court