Case Number(s): 06-O-13716; 07-O-14793
08-O-10534
08-O-11404
In the Matter of: Edward A. Esqueda, Bar #146057, A Member of the State Bar of California, (Respondent).
Counsel For The State Bar: Kimberly J. Belvedere, Office of the Chief Trial Counsel
State Bar of California
1149 S. Hill Street
Los Angeles, CA 90015-2299
(213)765-1162
Bar #172472,
Counsel for Respondent: In Pro Per Respondent
Edward A. Esqueda
1455 West Beverly Blvd.
Montebello, CA 90640
(323) 727-7763
Bar # 146057
Submitted to: Assigned Judge
<<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 May 21, 1990.
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 14 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 5.130, Rules of Procedure.
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.
Case Number(s): 06-O-13716, et al.
In the Matter of: Edward A. Esqueda
a. Restitution
<<not>> 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:
Principal Amount:
Interest Accrues From:
2. Payee:
Principal Amount:
Interest Accrues From:
3. Payee:
Principal Amount:
Interest Accrues From:
4. Payee:
Principal Amount:
Interest Accrues From:
<<not>> checked. Respondent must pay above-referenced restitution and provide satisfactory proof of payment to the Office of Probation not later than
<<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.
<<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.
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.
ATTACHMENT TO STIPULATION RE: FACTS; CONCLUSIONS OF LAW, AND
DISPOSITION
In the Matter of: EDWARD A. ESQUEDA, No. 1.46057
Case No. 06-0-13716; 07-0-14793; 08-0-10534; 08-O-11404
WAIVER OF VARIANCE
The parties waive any variance between the Notice of Disciplinary Charges ("NDC") filed on October 12, 2010, and the facts and/or conclusions of law contained in this stipulation. Additionally, the parties waive the issuance of an amended Notice of Disciplinary Charges. The parties further waive the right to the filing of a Notice of Disciplinary Charges and to a formal hearing on any charge not included in
the pending Notice of Disciplinary Charges.
FACTS AND CONCLUSIONS OF LAW
Respondent admits that the following facts are true and that he i.s culpable of violation of the specified Rule of Professional Conduct.
Statement of Facts
1. Respondent has maintained client trust account #XXXXXX 1481 ~ at Far East National Bank ("CTA") since April 7, 1998. Respondent is the only authorized signatory on the client trust account, and the only person who authorizes automatic deductions to be paid from the CTA.
2. Between on September 2, 2004 and on February 28, 2005, Respondent withdrew funds from his CTA to pay non-client related personal and business expenses including, but not limited to, the following:
3. On August 19, 2004, Respondent issued check no. 1763 from the CTA payable to G.B. Esqueda in the sum of $400.00.
4. On August 3 l, 2004; September 24, 2004; October 31, 2004; December 29, 2004; and January 31, 2005, Respondent issued check nos. 1764, 1775, 1789, 1815, and 1825 from the CTA payable to Countrywide Home Loans, each check in the sum of $3,381.33.
5. On September 2, 2004, Respondent issued check no. 1765 from the CTA payable to American Express [account number 91004] in the sum of $576.13.
6. On September 24, 2004, Respondent issued check no. 1776 from the CTA payable to American Express in the sum of $369.49
7. On October 15, 2004, Respondent issued check no. 1780 from the CTA payable to American Express in the sum of $1,839.71. Complete account information omitted for this account and all subsequent accounts for privacy considerations.
8. On December 13, 2004, Respondent issued check no. 1799 from the CTA payable to American Express in the sum of $1,171.25.
9. On December 1. 3, 2004, Respondent issued check no. 1801 from the CTA payable to American Express in the sum of $4,011.08
10. On February 23, 2005, Respondent issued check no. 1830 from the CTA payable to American Express in the sum of $1,811.86.
11. On February 2, 2005, Respondent issued check no. 1828 from the CTA payable to American Express in the sum of $4,1.22.23
12. On September 15, 2004; October 15, 2004; December 17, 2004; and January 17, 2005, Respondent issued check nos. 1772, 1781, 1797 and 1821 from the CTA payable to Bank of America [account number ***’~*’4276], each check in the sum of $361.71.
13. On September 8, 2004 and September 30, 2004, Respondent issued check nos. 1769 and 1778 .from the CTA payable to Bank of America, account
number ** * *’7913, each in the sum of $3,000.00.
14. On November 6, 2004, Respondent issued check no. 1791 from the CTA payable to Bank of America, account number * * * * * 7913, in the sum of $2,237.69.
15. On December 9, 2004, Respondent issued check no. 1795 from the CTA payable to Bank of America, account number * * * ** 7913, in the sum of $1,737.69.
16. On January 7, 2005, Respondent issued check no. 1820 from the CTA payable to Bank of America, account number * * * * * 7913, in the sum of $3,237.69.
17. On each of September 9, 2004; October 12, 2004, November 10, 2004; December 10, 2004; January 10, 2004; and February 9, 2005, a pre-authorized withdrawal was automatically deducted from Respondent’s CTA, in the sum of $879.97, payable to BMW Bank BMWFS.
18. On each of September 7, 2004; October 5, 2004; November 4, 2004; December 6, 2004; January 4, 2005; and February 4, 2005, a pre-authorized withdrawal was automatically deducted from Respondent’s CTA by TWX* AOL Service in the sum of $28.90.
19. On September 10, 2004; September 24, 2004, October 8, 2004; October 22, 2004; November 5, 2004; November 29, 2004; December 3, 2004; December 17, 2004; and December 31, 2004, Respondent issued checks from the CTA payable to Gladys Oropeza, an employee, each in the sum of $608.28.
20. On September 21, 2004, Respondent issued check no. 1773 from the CTA payable to Homecomings Financial in the sum of $2,199.20.
21. On October 22, 2004, Respondent issued check no. 1788 from the CTA payable to
Homecomings Financial in the sum of $4,199.20.
22. On December 27, 2004, Respondent issued check no. 1806 from the CTA payable to Homecomings Financial in the sum of$4,199.20.
23. On January 24, 2005, Respondent issued check r~o. 1823 from the CTA payable to Homecomings Financial in the sum of $2,500.00.
24. On September 22, 2004; October 19, 2004; and December 21, 2004; Respondent issued check no. 1774 from the CTA payable to KeyBank National Association, each in the sum of 1,399.23.
25. On September 15, 2004; November 10, 2004; and December 13, 2004, Respondent issued check nos. 1770, 1792, and 1800 from the CTA payable to Onyx Acceptance Corp. in the sum of $1,839.57.
26. On each of September 14, 2004; October 14, 2004; November 12, 2004; and December 14, 2004, a pre-authorized withdrawal was automatically deducted from Respondent’s CTA by the Internal
Revenue Service in the sum of $307.08.
27. On January 14, 2005, a pre-authorized withdrawal was automatically deducted from Respondent’s CTA by the Internal Revenue Service in the sum of $460.62.
28. On February 14, 2005, two pre-authorized withdrawals were automatically deducted from Respondent’s CTA by the Internal Revenue Service in the sum of $5.76 each.
29. On February 14, 2005, a pre-authorized withdrawal was automatically deducted from Respondent’s CTA by the Internal Revenue Service in the sum of $152.20.
30. On February 8, 2005, a pre-authorized withdrawal was automatically deducted from Respondent’ s CTA by CAL Tax PPDAR in the sum of $151.85.
31. On December 9, 2004, Respondent issued check no. 1796 from the CTA payable to Los Angeles County Tax Collector in the sum of $3,292.59.
32. On September 14, 2004, a pre-authorized withdrawal was automatically deducted from Respondent’s CTA, by the Employment Development Department in satisfaction of a tax lien against Respondent and his law firm, in the sum of of $26.52.
33. On October 14, 2004; November 12, 2004 and December 14, 2004, a pre-authorized withdrawal was automatically deducted from Respondent’s CTA by the Employment Development Department in satisfaction of a tax lien against Respondent and his law firm, in the sum of $26.52.
34. On January 17, 2005, Respondent issued check no. 1822 from the CTA payable to Nordstrom in the sum of $400.00.
35. On January 31, 2005, Respondent issued check no. 1826 from the CTA payable to State Farm Insurance in the sum of $1,284.29.
36. On February 1,2005, Respondent issued check no. 1827 from the CTA payable to the Department of Motor Vehicles in the sum of $458.00.
37. On December 27, 2004, Respondent issued check no. 1807 from the CTA payable to Festival Travel in the sum of $1,000.00.
Conclusions of Law
38. By using his CTA to pay his non-client related personal and business expenses, Respondent misused his client trust account, in willful violation of rule 4-100(A), Rules of Professional Conduct.
AGGRAVATING CIRCUMSTANCES
Prior Discipline [Standard 1.2(b){i)]. As indicated on page two, Respondent has one prior imposition of discipline imposed in Case No. 00-O-11007 for a violation of 3-700(D)(1) [failure to promptly release client file], and two violations of section 6068(m) of the Business and Professions Code for failure to respond to status inquiries and the failure to keep client informed of significant development. The discipline
was effective June 19, 2001.
MITIGATING CIRCUMSTANCES
Lack of client harm. Respondent’s misuse of the trust account by issuing checks for non-client related personal and business expenses, as detailed in the ....
Statement of Facts," do not evidence any misappropriation of client funds or other harm to a client.
ADDITIONAL MITIGATING CIRCUMSTANCES
Candor/Cooperation. Respondent’s willingness to admit some of the allegations in the NDC and enter into this stipulation evidences a degree of candor/cooperation that is entitled to mitigation.
DISMISSALS
The parties request that the Court dismiss the following alleged violations in the interest of justice:
Count One: rule 1-320(A) (Sharing Legal Fees with a Non-Lawyer), Case Nos. 06-O-13716 and 08-010534.
Count Two: section 6106 of the Business and Professions Code (Moral Turpitude - Misrepresentation to the State Bar), Case No. 06-0-13716.
[Counts Four, Five, Six, and Seven (Case No. 08-0-11404) were dismissed in the interest of justice upon oral motion of the State Bar].
AUTHORITIES SUPPORTING DISCIPLINE
Standard 2.2(b). Culpability of a member of commingling of entrusted funds or property with personal property or the commission of another violation of rule 4-100, Rules of Professional Conduct, none of which offenses result in the wilful misappropriation of entrusted funds or property shall result in at least three month actual suspension from the practice of law, irrespective of mitigating circumstances.
Standard 1.7(a). If a member is found culpable of professional misconduct in any proceeding in which discipline may be imposed and the member has a record of one prior imposition of discipline as defined by standard 1.2(0, the degree of discipline imposed in the current proceeding shall be greater than that imposed in the prior proceeding unless the prior discipline imposed was so remote in time to the current
proceeding and the offense for which it was imposed was so minimal in severity that imposing greater
discipline in the current proceeding would be manifestly unjust.
ESTIMATED COSTS OF PROCEEDINGS TO DATE
Respondent acknowledges that the Office of Chief Trial Counsel has informed him that, as of March 30, 2011, the prosecution costs in this matter are estimated to be $4,920.00. Respondent further acknowledges that should this stipulation be rejected or should relief from the may increase.
PENDING PROCEEDINGS
The disclosure date referred to on page 2, paragraph A(7), was March 30, 2011.
END OF ATTACHMENT
Case Number(s): 06-O-13716, et al.
In the Matter of: Edward A. Esqueda
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: Edward A. Esqueda and Kimberly J.Belvedere
Respondent: Edward A. Esqueda
Date: April 2, 2011
Respondent’s Counsel:
Date:
Deputy Trial Counsel: Kimberly J.Belvedere
Date: April 5, 2011
Case Number(s): 06-O-13716, et al.
In the Matter of: Edward A. Esqueda
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.
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: Richard A.Honn
Judge of the State Bar Court
Date: May 2, 2011
(Effective January 1, 2011)
Actual Suspension Order
[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 May 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 Los Angeles, California, addressed as follows:
EDWARD A ESQUEDA ESQ
1455 W BEVERLY BLVD
MONTEBELLO, CA 90640
Checked by interoffice mail through a facility regularly maintained by the State Bar of California addressed as follows:
Kimberly J. Belvedere, Enforcement, Los Angeles
I hereby certify that the foregoing is true and correct. Executed in Los Angeles, California, on May 2, 2011
Signed by: Julieta E. Gonzales
Case Administrator
State Bar Court