Case Number(s): 07-C-14741
In the Matter of: Randall Single, Bar # 137599, A Member of the State Bar of California, (Respondent).
Counsel For The State Bar: Treva Stewart, Bar # 239829,
Counsel for Respondent: In Pro Per, Bar #
Submitted to: Settlement Judge – State Bar Court Clerk’s Office San Francisco.
Filed: May 8, 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 December 7, 1988.
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 are added to membership fee for calendar year following effective date of discipline (public reproval).
<<not>> checked. Case ineligible for costs (private reproval).
checked. Costs are to be paid in equal amounts for the following membership years: three years. (Hardship, special circumstances or other good cause per rule 5.132, Rules of Procedure.)
<<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.
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.
Case Number(s): 07-C-14741
In the Matter of: Randall Single
checked. a. Respondent must abstain from use of any alcoholic beverages, and shall not use or possess any narcotics, dangerous or restricted drugs, controlled substances, marijuana, or associated paraphernalia, except with a valid prescription.
checked. b. Respondent must attend at least one meeting per week of: meetings per month of:
<<not>> checked. Alcoholics Anonymous
<<not>> checked. Narcotics Anonymous
<<not>> checked. The Other Bar
checked. Other program An abstinence-based alcohol treatment program was agreed to by respondent and the Office of Probation
As a separate reporting requirement, Respondent must provide to the Office of Probation satisfactory proof of attendance during each month, on or before the tenth (10th) day of the following month, during the condition or probation period.
<<not>> checked. c. Respondent must select a license medical laboratory approved by the Office of Probation. Respondent must furnish to the laboratory blood and/or urine samples as may be required to show that Respondent has abstained from alcohol and/or drugs. The samples must be furnished to the laboratory in such a manner as may be specified by the laboratory to ensure specimen integrity. Respondent must cause the laboratory to provide to the Office of Probation, at the Respondent’s expense, a screening report on or before the tenth day of each month of the condition or probation period, containing an analysis of Respondent’s blood and/or urine obtained not more than ten (10) days previously.
<<not>> checked. d. Respondent must maintain with the Office of Probation a current address and a current telephone number at which Respondent can be reached. Respondent must return any call from the Office of Probation concerning testing of Respondent’s blood or urine within twelve (12) hours. For good cause, the Office of Probation may require Respondent to deliver Respondent’s urine and/or blood sample(s) for additional reports to the laboratory described above no later than six hours after actual notice to Respondent that the Office of Probation requires an additional screening report.
<<not>> checked. e. Upon the request of the Office of Probation, Respondent must provide the Office of Probation with medical waivers and access to all of Respondent’s medical records. Revocation of any medical waiver is a violation of this condition. Any medical records obtained by the Office of Probation are confidential and no information concerning them or their contents will be given to anyone except members of the Office of Probation, Office of the Chief Trial Counsel, and the State Bar Court who are directly involved with maintaining, enforcing or adjudicating this condition.
Other:
IN THE MATTER OF: Randall C. Singles, State Bar No. 137599
STATE BAR COURT CASE NUMBER: 07-C-14741
07-C-14741
1. On October 13, 2005 respondent was involved in a single vehicle collision at 3:45 a.m. on northbound SR 17 in Santa Clara County. Respondent lost control of his vehicle, causing it to strike the center divider, an over crossing sign and an exit sign on the highway. Respondent’s vehicle sustained moderate left front and front-end damage.
2. The California Highway Patrol investigated the collision. The investigating officer(s) smelled an odor of an alcoholic beverage coming from respondent’s breath and observed that he had red, watery eyes and other objective symptoms of alcoholic intoxication. When questioned by the investigating officer(s), respondent stated that he had consumed two beers.
3. Respondent was arrested for violation of V.C. section 23512(a), driving under the influence of alcohol, a Misdemeanor and V.C. section 23152(b), driving under the influence with a blood alcohol level of .08% or more, a Misdemeanor.
4. A blood alcohol analysis was performed following respondent’s arrest and respondent’s blood alcohol level was determined to be 0.17%.
5. The case was referred to the Santa Clara County District Attorney for prosecution.
6. On January 9, 2006, respondent pled no contest in Santa Clara County Superior Court Case Number CC511896 for violation of V.C. section 23152(b). In addition to approximately $1,650 in fines being assessed to him, respondent was ordered to enroll in a First Offender’s Program for three months and was given three years probation. Respondent did not appeal in Case Number CC511896.
07-C-14382
1. At 3:13 a.m. on August 11, 2007, a Menlo Park police officer observed respondent driving erratically and weaving from lane to lane on Middlefield Road in Atherton, CA. After turning onto a dead end street, respondent was stopped by the police officer.
2. Upon contacting respondent, the police officer observed that respondent had bloodshot/watery eyes and an odor of alcohol on his breath. Respondent was further observed to be unsteady on his feet and swayed from side to side as he exited his vehicle. Respondent reported having consumed two martinis at approximately 6:00 p.m. Respondent failed all field sobriety tests.
3. Respondent was arrested for violation of V.C. section 23512(a) and V.C, section 23152(b). At the time of his arrest, respondent was on probation for the conviction in Case Number 07-C-14741.
4. A blood alcohol analysis was performed following respondent’s arrest mad respondent’s blood alcohol was determined to be 0.10%.
5. The case was referred to the San Marco County District Attorney for prosecution.
6. On February 7, 2008 respondent pled no contest in San Mateo County Superior Court Case Number SM353577 for violation of V.C. section 23152(b). Respondent was placed on three years probation, ordered to serve 45 days in county jail, fined $1768, ordered to pay $10 to the state restitution fund and a $10 processing fee and enroll and complete the multiple offender program. Respondent’s driving privilege was suspended for 2 years. He is prohibited from driving with any alcohol in his blood during his probationary period and required to abstain from the use or possession of alcoholic beverages. Respondent did not appeal in Case Number SM353577.
CONCLUSIONS OF LAW:
By violating V.C. 23152(b), respondent has been convicted of a crime that did not involve moral turpitude, but did involve other misconduct warranting discipline. In re Anna Lou Kelly, (1990) 52 Cal.3d 487 ("Kelly"). Like the respondent in Kelly, respondent here was twice arrested and convicted for driving under the influence of alcohol in excess of the legal limit. Further, respondent, like Kelly, was on probation at the time of his second arrest and his second arrest occurred within a short period of time of his first.
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): 07-C-14741
In the Matter of: Randall Single
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: Randall Single
Date: April 29, 2008
Respondent’s Counsel:
Date:
Deputy Trial Counsel: Treva R. Stewart
Date: May 1, 2008
Case Number(s): 07-C-14741
In the Matter of: Randall Single
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 may 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: Lucy Armendariz
Date: May 8, 2008
[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 May 8, 2008, 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:
RANDALL C. SINGLE
GREENBERG TRAURIG LLP
2000 UNIVERSITY AVENUE
SUITE 602
EAST PALO ALTO, CA 94303-2248
checked. by interoffice mail through a facility regularly maintained by the State Bar of California addressed as follows:
TREVA STEWART, Enforcement, San Francisco
I hereby certify that the foregoing is true and correct. Executed in San Francisco, California, on May 8, 2008.
Signed by:
Laine Silber
Case Administrator
State Bar Court