Case Number(s): 08-C-10446
In the Matter of: Gregg S. Laughlin , Bar # 193567 , A Member of the State Bar of California, (Respondent).
Counsel For The State Bar: Mia Ellis , Deputy Trial Counsel
State Bar of California
1149 South Hill Street
Los Angeles, CA 90015
Bar # 228235 ,
Counsel for Respondent: In Pro Per Respondent
Gregg S. Laughlin
479 Abbie Way
Costa Mesa, CA 92627
Bar# 193567
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 16, 1997.
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 12 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: 2013 and 2014. (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.
AA" CONDITION:
1) Satisfactory proof of attendance of meetings shall include the name of Respondent’s sponsor (if Respondent has a sponsor), address, telephone number, and any other contact information (e.g. fax, e-mail, etc.). Respondent is to provide this information to the Office of Probation within ten days of the effective date of the discipline and within ten days of any change in sponsor and/or the sponsor’s address and/or telephone number and/or any other contact information.
2) Satisfactory proof of attendance at meetings shall also include the name of the meeting, the location of the meeting, and the signature or initials of the meeting secretary or the representative willing to assist the Office of Probation in confirming Respondent’s attendance.
3) It is not satisfactory proof of attendance for Respondent to sign as a verifier of Respondent’s proof of attendance.
Case Number(s): 08-C-10446
In the Matter of: Gregg S. Laughlin
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 four (4) meetings per month of:
checked. Alcoholics Anonymous
<<not>> checked. Narcotics Anonymous
<<not>> checked. The Other Bar
<<not>> checked. Other program
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.
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.
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.
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:
During the period of time when Respondent is subject to probation for his underlying crimination conviction ("criminal probation"), Respondent may comply with the requirements of paragraph "c" above by providing to the Office of Probation of the State Bar of California a copy of the screening report containing an analysis of Respondent’s blood and/or urine testing performed in connection with Respondent’s criminal probation. However, nothing in this term is meant to alter any of the requirements of paragraph "c" above. Any report provided to the Office of Probation by Respondent must comply with all provisions of paragraph "c" above, including but not limited to, type of testing laboratory allowed, licensure of testing laboratory, manner in which specimen is provided to the laboratory, requirements designed to ensure specimen integrity, contents of the screening report, the time within which the screening report must be provided to the Office of Probation and that the screening report contain an analysis of a specimen obtained not more than ten (10) days previously.
IN THE MATTER OF: Gregg S. Laughlin, State Bar No. 08-C-10446
STATE BAR COURT CASE NUMBER: 08-C-10446
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.
1. On November 11, 2007, Respondent and passenger Tracy Clark met for the first time that afternoon at a bar in Huntington Beach, California. They traveled to another bar for drinks. At the time of the accident Respondent was driving Tracy Clark home.
2. Respondent drove into an intersection, passing a stop sign, and ran into a utility pole. Respondent and Tracy Clark were trapped in the vehicle and had to be extricated by the Huntington Beach Fire Department.
3. Respondent displayed physical objective symptoms of alcohol intoxication: odor of alcoholic beverages and slurred speech. A blood test revealed that Respondent’s blood alcohol content was .07 %. Respondent suffered a broken femur in his right leg.
4. Tracy Clark suffered a broken femur in her left leg, broken knee, and shattered left heel.
5. In December 2009, Respondent pied guilty to violating Vehicle Code section 23153, subdivision (a), driving under the influence and causing bodily injury to another person, a felony, with enhancement for Penal Code section 12022.7(a), terms of imprisonment for persons inflicting great bodily injury on any person other than an accomplice in commission of a felony. Respondent was sentenced to six years probation, including one year in county jail, pay fines and restitution (to be determined), and complete an eighteen month multiple offender program.
Conclusions of Law
The parties further stipulate that by violating California Vehicle Code section 23153 (a) (Driving Under the Influence and Causing Bodily Injury to Another Person), one count, a felony, Respondent violated California Business and Professions Code section 6068, subdivision (a), which imposes a duty upon Respondent to support the Constitution and laws of the United States and of this state.
PENDING PROCEEDINGS.
The disclosure date referred to, on page 2, paragraph A(7), was January 26, 2011.
COSTS OF DISCIPLINARY PROCEEDINGS.
Respondent acknowledges that the Office of the Chief Trial Counsel has informed Respondent that as of January 26, 2011, the estimated prosecution costs in this matter are $1,636. Respondent acknowledges that this is an estimate only. 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.
PROCEDURAL BACKGROUND IN CONVICTION PROCEEDING.
1. This is a proceeding pursuant to sections 6101 and 6102 of the Business and Professions Code and rule 9.10 of the California Rules of Court.
2. On December 4, 2009, respondent was convicted of violating California Vehicle Code Section 23153(a), driving under the influence of alcohol and/or drugs causing great bodily injury to another person, with prior conviction, a felony.
3. On November 1, 2010, the Review Department of the State Bar Court issued an order referring the matter to the Hearing Department on the following issues: for a hearing and decision as to whether the facts and circumstances surrounding the violation of which respondent was convicted involved moral turpitude or other misconduct warranting discipline, and if so found, the discipline to be imposed.
AUTHORITIES SUPPORTING DISCIPLINE.
Under Business and Professions Code §6102, conviction of a felony warrants suspension. If that felony involves moral turpitude or other elements of fraud or dishonesty, the discipline is disbarment.
Standard 3.4 provides that the final conviction of a member of a crime which does not involve moral turpitude inherently or in the facts and circumstances surrounding the crime’s commission but does involve other misconduct warranting discipline shall result in a sanction as prescribed under part B of the standards. According to the California Supreme Court, the discipline suggested under standard 3.4 "is that discipline ’appropriate to the nature and extent of the misconduct. ’’’ [ In re Kelly (1990) 52 Cal. 3d 487, 498.]
Under Part B, the appropriate standard is 2.6 -the standard applicable to violations of Business and Professions Code section 6068(a), failure to obey the law. Standard 2.6 states that the level of discipline shall be disbarment or suspension.
In In re Carr (1988) 46 Cal.3d 1089, 1091, a respondent came before the court with two driving under the influence convictions, and was currently under suspension for earlier criminal convictions for drug possession and failure to answer questions from his State Bar probation monitor. The California Supreme Court imposed a six months actual suspension.
In In the Matter of Sklar (Review Dept. 1993) 2 Cal. State Bar Ct. Rptr. 602, Respondent was found culpable of six counts of misconduct in seven client matters, including the misappropriation of $13, 807.34 in trust funds, failure to perform competently, failure to communicate with clients and failure to advise clients of potential conflict of interest, and failure to comply with the terms of a previously imposed disciplinary probation. The hearing department recommended that Respondent be actually suspended for two year. Respondent argued that the prior disciplinary matter should not have been considered a "true" prior since the misconduct occurred during the same period of time as the current charges and could have been brought in one proceeding. The Review Department found that although it was proper to consider the prior discipline, its impact was diminished because it occurred during the same time as the misconduct in the case at issue. Accordingly, the Review Department considered the "totality of the findings in the two cases to determine what the discipline would have been had all the charged misconduct in this period been brought in one case. In the instant case, there was no finality in case number 08-C-10446 at the time the underlying/prior case settled. The misconduct in cases 06-013050 et. al. occurred during the same time period as the cases at issue in the instant stipulation. Thus, applying Sklar, the totality of findings in case number 06-O-13050 et. al., as well as the case at issue in the instant stipulation, must be considered in determining the appropriate level of discipline.
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.
COMPLIANCE WITH CONDITIONS OF PROBATION IN UNDERLYING CRIMINAL MATTER.
Respondent shall comply with all conditions of probation imposed in the underlying criminal matter and shall so declare under penalty of perjury in conjunction with any quarterly report required to be filed with the Office of Probation.
Case Number(s): 08-C-10446
In the Matter of: Gregg S. Laughlin
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: Gregg S. Langhlin
Date: January 27, 2011
Respondent’s Counsel:
Date:
Deputy Trial Counsel: Mia R. Ellis
Date: January 31, 2011
Case Number(s): 08-C-10446
In the Matter of: Gregg S. Laughlin
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.
Page 2, ¶ B.(1)(d): The degree of prior discipline is modified to read as follows: "Four years’ stayed suspension and two years probation on conditions including actual suspension for two years and until specified restitution is made; and until respondent complies with standard 1.4(c)(ii), Rules Prec. of State Bar, tit. IV, Stds. for Atty.Sanctions for Prof. Misconduct"
Page 5, paragraph E(9): This paragraph is modified to include the following language: "If Respondent completes the probation in the underlying criminal matter, the Respondent must provide to the Office of Probation satisfactory documentary evidence of the successful completion in the quarterly report due after such completion."
Page 6, "AA" Condition: This language is not a separate condition negotiated by the parties but instead modifies a portion of the Substance Abuse probation condition, referred to initially on page 5. Accordingly, this heading, and all language appearing under it, is deemed deleted from Paragraph F of this stipulation and is relocated to page 7 of the stipulation, where it is added at the very bottom of paragraph "b" of the Substance Abuse Conditions.
Page 11, "Compliance with Conditions of Probation in Underlying Criminal Matter": This heading and the paragraph under it are deleted as redundant. See page 5, paragraph E(9).
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: Donald F. Miles
Date: February 16, 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 February 16, 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:
GREGG S. LAUGHLIN ESQ
479 ABBIE WAY
COSTA MESA, CA 92627
checked. by interoffice mail through a facility regularly maintained by the State Bar of California addressed as follows:
MIA R. ELLIS, Enforcement, Los Angeles
I hereby certify that the foregoing is true and correct. Executed in Los Angeles, California, on February 16, 2011.
Signed by:
Case Administrator
February 16, 2011
State Bar Court