Case Number(s): 07-O-10375; 07-O-13560; 08-O-10943; 08-O-12554
In the Matter of: Harvey Shalom Doncev Bar # 231170, A Member of the State Bar of California, (Respondent).
Counsel For The State Bar: Hugh Radigan Bar#94251
Counsel for Respondent: Bar #
Submitted to: Settlement Judge State Bar Court Clerk’s Office Los Angeles
Filed: June 8, 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.
1. Respondent is a member of the State Bar of California, admitted June 3, 2004.
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 18 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 awarded to the State Bar.
<<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.
ORDER OF INACTIVE ENROLLMENT:
The parties are aware that if this stipulation is approved, the judge will issue
an order of inactive enrollment under Business and Professions Code section
6007, subdivision (c)(4), and Rules of Procedure of the State Bar, rule
5.111(D)(1).
<<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. In the Salvaggio matter, in excess of $3000.00 failed to be deposited into Respondent’s
client trust account and was ultimately misappropriated; in the Wolkenstein matter in excess of $17,000. was equivalently misappropriated and never made if into Respondent’s client trust account.
checked. (4) Harm: Respondent's misconduct harmed significantly a client, the public or the administration of justice. In all of these consolidated pending matters each client was victimized, suffering in various degrees misappropriation, failure to perform, misrepresentations concerning the conduct of their
Respondent must make restitution to Gino Salvaggio in the amount of $33,000 plus 10% interest per annum from July 6, 2006, (or to the Client Security Fund to the extent of any payment from the fund to Gino Salvaggio, plus interest and costs, in accordance with Business and Professions Code section 6140.5), and furnish satisfactory proof thereof to the State Bar’s Office of Probation. Any restitution owed to the Client Security Fund is enforceable as provided in Business and Professions Code section 6140.5, subdivision (c) and (d).
Respondent must make restitution to William Jerjis or his Estate in the amount of $300 plus 10% interest per annum from February 20, 2007, (or to the Client Security Fund to the extent of any payment from the fund for William Jejis or his Estate plus interest and costs, in accordance with Business and Professions Code section 6140.5), and furnish satisfactory proof thereof to the State Bar’s Office of Probation, Any restitution owed to the Client Security Fund is enforceable as provided in Business and Professions Code section 6140.5, subdivision (c] and (d).
Respondent must make restitution to Wendy Wolkenstein in the amount of $9,005 plus 10% interest per annum from January 11, 2006, (or to the Client Security Fund to the extent of any payment from the fund to Wendy Wolkenstein, plus interest and costs, in accordance with Business and Professions Code section 6140.5), and furnish satisfactory proof thereof to the State Bar’s Office of Probation. Any restitution owed to the Client Security Fund is enforceable as provided in Business and Professions Code section 6140,5, subdivision (c) and
Case Number(s): 07-O-10375, et al.
In the Matter of: Harvey S. Doncev
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: Harvey Doncev and Hugh Radigan
Respondent: Harvey Doncev
Date: May 25, 2011
Respondent’s Counsel: Hugh Radigan
Date:
Deputy Trial Counsel:
Date: June 1, 2011
Case Number(s): 07-O-10375, et al.
In the Matter of: Harvey S. Doncev
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.
Pages 6 and 14: The heading "FACTS" is deleted.
Pages 9 and 15: The heading "CONCLUSIONS OF LAW" is deleted.
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.)
Respondent is ordered transferred to involuntary inactive status pursuant to Business and Professions Code section 6007, subdivision (c)(4). Respondent’s inactive enrollment will be effective three (3) calendar days after this order is served by mail and will terminate upon the effective date of the Supreme Court’s order imposing discipline herin, or as provided for by rule 5.111(D)(2) or the Rules of Procedure of the State Bar of California, or as otherwise ordered by the Supreme Court pursuant to its plenary jurisdiction.
Signed by:
Donald F. Miles
Judge of the State Bar Court
Date: June 8, 2011
[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 June 8, 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:
HARVEY S. DONCEV
HARVEY S. DONCEV
946 S ANZA ST APT 30
EL CAJON, CA 92020
checked. by interoffice mail through a facility regularly maintained by the State Bar of California addressed as follows:
I hereby certify that the foregoing is true and correct. Executed in Los Angeles, California, on June 8, 2011.
Signed by:
Johnnie lee Smith
Case Administrator
State Bar Court