Case Number(s): 07-O-12444
In the Matter of: Kimberly Allyson Hansen, Bar #167597, A Member of the State Bar of California, (Respondent).
Counsel For The State Bar: Melanie J. Lawrence, 1149 South Hill Street, Los Angeles, CA 90015, (213)765-1066, Bar #230102,
Counsel for Respondent: Kimberly Allyson Hansen, 701 S. Parker St., Ste. 2200, Orange, CA 92868, Bar# 167597
Submitted to: Settlement Judge, State Bar Court Clerk’s Office, Los Angeles.
<<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 10, 1993.
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 10 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: two billing cycles following the effective date of the Supreme Court Order. (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.
See attachment
Case Number(s): 07-O-12444
In the Matter of: Kimberly Allyson Nansen
<<not>> checked. a. Within days/ months/ years of the effective date of the discipline herein, Respondent must develop a law office management/organization plan, which must be approved by the Office of Probation. This plan must include procedures to (1) send periodic reports to clients; (2) document telephone messages received and sent; (3) maintain files; (4) meet deadlines; (5) withdraw as attorney, whether of record or not, when clients cannot be contacted or located; (6) train and supervise support personnel; and (7) address any subject area or deficiency that caused or contributed to Respondent’s misconduct in the current proceeding.
checked. b. Within days/ months/ years of the effective date of the discipline herein, Respondent must submit to the Office of Probation satisfactory evidence of completion of no less than six hours of Minimum Continuing Legal Education (MCLE) approved courses in law office management, attorney client relations and/or general legal ethics. This requirement is separate from any MCLE requirement, and Respondent will not receive MCLE credit for attending these courses (Rule 3201, Rules of Procedure of the State Bar.)
<<not>> checked. c. Within 30 days of the effective date of the discipline, Respondent must join the Law Practice Management and Technology Section of the State Bar of California and pay the dues and costs of enrollment for year(s). Respondent must furnish satisfactory evidence of membership in the section to the Office of Probation of the State Bar of California in the first report required.
Other:
IN THE MATTER OF: Kimberly Allyson Hansen, State Bar No.: 167597
STATE BAR COURT CASE NUMBER: 07-O-12444
WAIVER OF VARIANCE BETWEEN NOTICE OF DISCIPLINARY CHARGES AND
STIPULATED FACTS AND CULPABILITY:
The parties waive any variance between the Notice of Disciplinary Charges filed on October 28, 2010, and the facts and/or conclusions of law contained in this stipulation and waive the issuance of an Amended Notice of Disciplinary Charges. The parties further waive the right to the filing of an Amended 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 she is culpable of violations of the specified statutes and/or Rules of Professional Conduct.
STATEMENT OF FACTS:
1. On December 22, 2003, Respondent and her husband filed a joint Chapter 7 Bankruptcy Petition, case no. SA03-19212JB, United States Bankruptcy Court, Central District of California ("Petition").
2. Respondent hired counsel to assist her and her husband with the preparation and filing of the bankruptcy. Respondent signed the Petition and the initial schedules approximately two months before they were filed, attesting to the validity of the information that was contained in the Petition.
3. The Petition listed Respondent’s residence on the bankruptcy schedules. The Petition stated that the Respondent’s residence had a value of $500,000, and that it was encumbered by two deeds of trust. The Petition stated that the residence was encumbered by a first deed of trust with a secured amount of $356,718.92, and a second deed of trust in favor of IAT Group with a secured amount of $115,000, both dating from April 1994.
4. Prior to signing the Petition, Respondent in no way verified that a second trust deed had been recorded. As of December 22, 2003, the Petition date, there was no trust deed recorded in favor of IAT Group. "IAT Group" referred to Respondent’s mother, Irene Tennant. Irene Tennant had not loaned Respondent or the debtors $115,000 in 1994. Rather, Irene Tennant had loaned Respondent or the debtors $50,000 in 1994.
5. On February 9, 2004, post-petition, Respondent on the advice of her counsel, recorded a deed of trust in favor of Irene A. Tennant, in the amount of $115,000. Respondent had changed the original deed which had not been recorded from $50,000 to $115,000 and contends the $115,000 amount represented the original amount owed plus accumulated interest. However, the deed of trust made it appear as if the $115,000 was the amount owed as of 1994.
CONCLUSIONS OF LAW:
By failing to verify the accuracy of the information in the Petition related to the deed of trust in favor of Irene Tennant prior to signing the Petition thereby misrepresenting the encumbrances on the residence, and later changing the amount of the deed of trust so that it misrepresented the amount loaned in 1994, and relying on counsel’s advice to record the deed of trust, post-petition, Respondent was grossly negligent and committed acts of moral turpitude in violation of Business and Professions Code section 6106.
MITIGATING CIRCUMSTANCES.
Respondent had been in practice for ten years at the time of the misconduct and has now been in practice for seventeen years. She has never been disciplined.
Respondent has fully cooperated with the State Bar to resolve this matter without trial.
Respondent supplied one supportive letter from someone familiar with the State Bar charges. She also supplied one letter establishing her membership with Bloodhounds West, a non-profit organization to provide public education, promote responsible dog ownership, and to take care of or re-home abandoned and abused Bloodhounds.
AUTHORITIES SUPPORTING DISCIPLINE.
The stipulated discipline falls within the range of discipline set forth the in the Standards for Attorney Sanctions for Professional Misconduct.
Standard 1.3 provides that the primary purposes of attorney discipline are, "the protection of the public, the courts and the legal profession; the maintenance of high legal professional standards by attorneys and the preservation of public confidence in the legal profession."
Standard 2.3 applies to offenses involving moral turpitude. It requires actual suspension or disbarment depending upon the extent to which the client was harmed or misled and upon the magnitude of the act of misconduct and the degree to which it relates to the member’ s acts within the practice of law.
COSTS OF DISCIPLINARY PROCEEDINGS.
Respondent acknowledges that the Office of the Chief Trial Counsel has informed Respondent that as of March 14, 2011, the prosecution costs in this matter are estimated at $5,182. Respondent further acknowledges that should this stipulation be rejected or should relief from the stipulation be granted, the costs in this matter may increase due to the cost of further proceedings.
PENDING PROCEEDINGS.
The disclosure date referred to, on page 2, paragraph A(7), was March 14, 2011.
Case Number(s): 07-O-12444
In the Matter of: Kimberly Allyson Hansen
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: Kimberly Hansen
Date: March 14, 2011
Respondent’s Counsel:
Date:
Deputy Trial Counsel: Melanie J. Lawrence
Date: March 14, 2011
Case Number(s): 07-O-12444
In the Matter of: Kimberly Allyson Hansen
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:
Judge of the State Bar Court: Richard A. Honn
Date: April 4, 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 April 5, 2011, I deposited a true copy of the following document(s):
STIPULATION RE FACTS, CONCLUSIONS OF LAW AND DISPOSITION AND ORDER APPROVING ACTUAL SUSPENSION
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:
KIMBERLY ALLYSON HANSEN
STOCKWELL HARRIS WOOLVERTON & MUEHL
701 S PARKER ST STE 2200
ORANGE, CA 92868
checked. by interoffice mail through a facility regularly maintained by the State Bar of California addressed as follows:
MELANIE LAWRENCE, Enforcement, Los Angeles
I hereby certify that the foregoing is true and correct. Executed in Los Angeles, California, on April 5, 2011.
Signed by:
Tammy Cleaver
Case Administrator
State Bar Court