Case Number(s): 08-O-12146, 08-O-14119
In the Matter of: Eden Beloved Noe, Bar # 236172, A Member of the State Bar of California, (Respondent).
Counsel For The State Bar: Erin McKeown Joyce, Deputy Trial Counsel
State Bar of California
1149 South Hill Street
Los Angeles, CA 90015-2299
Telephone: (213) 765-1356
Facsimile: (213) 765-1319
Bar # 149946,
Counsel for Respondent: In Pro Per Respondent
Eden Beloved Noe
5854 Kiyot Way
Playa Vista, California 90094
Telephone: (310) 386-1428
Bar # 236172
Submitted to: Assigned 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 May 23, 2005.
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: two years following the effective date of the Supreme Court order of discipline. (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.
IN THE MATTER OF: Eden Noe, State Bar No. 236172
STATE BAR COURT CASE NUMBER: 08-O-12146, 08-O-14119
PENDING PROCEEDINGS:
The disclosure date referred to, on page one, paragraph A.(7), was November 18, 2010.
Respondent admits that the following facts are true and that she is culpable of violations of the specified Rules of Professional Conduct and Business and Professions Code sections.
Case No. 08-0-12146
FACTS:
1. Respondent represented Coochie LLC in post-judgment proceedings in a lawsuit against Respondent’s mother, Amy Kim, entitled Abraha v. Kim, filed in Los Angeles Superior Court, case no. BC321502 (the "Abraha matter"). Respondent had previously represented Kim in the Abraha matter, and after the judgment was entered she substituted out and Kim became a pro per defendant. Respondent continued to provide legal advice to Kim related to the post-judgment proceedings in the Abraha matter even after the substitution of attorney form was filed with the court.
2. On January 28, 2007, in connection with her response to a motion for sanctions against Respondent personally, for allegedly advising Kim to transfer title to the disputed property to Coochie LLC to avoid a court ordered conveyance to the plaintiffs in the Abraha matter, Respondent made the following statement under the penalty of perjury:
I have no knowledge of who controls Coochie LLC, who the members are, or why the disputed property was transferred to that entity. I am not Amy Kim’s personal secretary, attorney, or employee ... and [I] do not have any knowledge of what Ms. Kim has done with the property, whether she is in escrow or not, whether she has transferred the property, or anything else regarding her actions.
3. At the hearing on plaintiffs’ motion for sanctions against Respondent on April 18, 2008, the court found that Respondent’s statement set forth above was a misrepresentation to the court, made in an effort to cover up Respondent’s involvement in the scheme to avoid the court ordered conveyance of the disputed property to the plaintiffs in the Abraha matter.
4. The court further found at the April 18, 2008 hearing that Respondent knowingly participated in the scheme to transfer the disputed property to Coochie LLC to circumvent the order of specific performance of the court.
5. At the hearing, the court also found that Respondent’s conduct in advising Kim to participate in the scheme violated Rule of Professional Conduct 3-210, and sanctioned Respondent $2,000.00.
6. Respondent failed to report the imposition of sanctions on April 18, 2008 to the State Bar.
7. On March 19, 2008, Respondent filed an ex parte motion in the Abraha matter on behalf of Coochie LLC, seeking reconveyance of the disputed property to Coochie LLC. In connection with that ex parte motion, Respondent knowingly filed a false declaration claiming an ownership interest in the disputed property.
CONCLUSIONS OF LAW
By making the misrepresentation about her connection to Coochie LLC in her declaration filed January 28, 2007, Respondent sought to mislead the judge by a false statement of fact or law in wilful violation of Business and Professions Code section 6068(d).
By knowingly participating in the scheme to transfer title of the disputed property to Coochie LLC, to avoid the court ordered conveyance of the property to the plaintiffs in the Abraha matter, Respondent advised the violation of a ruling of a tribunal without a good faith belief that the ruling was invalid, in wilful violation of Rule of Professional Conduct 3-210.
By failing to report the April 18, 2008 imposition of sanctions to the State Bar, Respondent failed to report the sanctions order to the agency charged with attorney discipline in writing, within thirty days of the time the attorney had knowledge of the imposition of judicial sanctions against the attorney, in wilful violation of Business and Professions Code section 6068(o)(3).
By knowingly filing the false declaration to support the ex parte motion of Coochie LLC, seeking reconveyance of the disputed property to Coochie LLC, Respondent sought to mislead the judge by an artifice or false statement of fact or law in wilful violation of Business and Professions Code section 6068(d).
Case No. 08-O-14119
FACTS:
8. Young Min hired Respondent on February 7, 2006, to represent Min in a civil lawsuit. Min paid Respondent $1,660.00. On March 10, 2006, Respondent filed a lawsuit entitled Young Min v. International Mac People Inc., et al in Los Angeles Superior Court, case no. 06K03590 (the "Min matter)."
9. On April 20, 2006, Respondent filed the first amended complaint on behalf of Min. The defendant filed an answer and cross-complaint which was. properly served on Respondent which Respondent received. Respondent failed to file an answer to the cross-complaint on behalf of Min.
10. Thereafter, Respondent failed to undertake any additional legal work for Min in the Min matter.
11. On August 11, 2006, the court set an Order to Show Cause re Dismissal for September 27, 2006 for Failure to File Case Management Statement (the "OSC re Dismissal"). The OSC re Dismissal was properly served on Respondent, who received actual notice of the OSC.
12. On September 27, 2006, Respondent failed to appear at the OSC re Dismissal. The court continued the hearing to October 27, 2006. The notice of the continued hearing was properly served on Respondent, who received actual notice of the continued hearing.
13. On October 27, 2006, Respondent failed to appear at the OSC hearing. The court dismissed the first amended complaint and continued the matter to December 18, 2006, for a status conference re the cross-complainant’s submission for a request for default on the cross-complaint. The notice of the continued hearing was properly served on Respondent, who received actual notice of the continued hearing.
14. On December 18, 2006, Respondent failed to appear at the continued status conference. The court ordered the cross-complainant to resubmit the request for default, which was rejected in the interim due to a procedural defect. The court continued the matter to February 7, 2007 for a status conference re the cross-complainant’s request for default on the cross-complaint. The notice of the continued hearing was properly served on Respondent, who received actual notice of the continued hearing.
15. On February 7, 2007, Respondent failed to appear at the continued status conference. The court continued the matter to March 9, 2007 for a status conference re the cross-complainant’s request for default on the cross-complaint. The notice of the continued hearing was properly served on Respondent, who received actual notice of the continued hearing.
16. On March 9, 2007, Respondent failed to appear at the continued status conference. The court continued the matter to April 23, 2007 for the prove-up hearing on the default judgment sought by cross-complainant against Min. The notice of the continued hearing was properly served on Respondent, who received actual notice of the continued hearing.
17. Respondent failed to appear at the prove-up hearing on April 27, 2007. At that hearing, the court entered a default judgment in the amount of $17,332.00, plus $2,241.28 in interest and $600.00 in costs against Min. Respondent received actual notice of the default judgment against Min. At no time did Respondent notify Min of cross-complainant’s efforts to obtain a default judgment against Min.
18. After Min learned of the default judgment and sought new counsel, she filed a motion to vacate the default judgment and to vacate the dismissal of the first amended complaint on December 18, 2007.
19. In January 2008, Respondent provided a declaration to opposing counsel which was used in an effort to defeat the motion to vacate filed by new counsel on behalf of Min. Inher declaration, Respondent disclosed the contents of confidential communications with Min without her permission.
20. Subsequent to providing the declaration to Min’s opposing counsel, Respondent contacted opposing counsel to request the declaration not be filed.
CONCLUSIONS OF LAW:
By failing to take any action on Min’s legal matter after filing the first amended complaint, failing to appear at multiple hearings, and failing to notify Min of the default judgment against her, Respondent intentionally, recklessly, or repeatedly failed to perform legal services with competence in wilful violation of Rule of Professional Conduct 3-110(A).
By providing a declaration to opposing counsel and disclosing the contents of confidential communications with Min without her permission, Respondent failed to maintain inviolate the confidence, and at every peril to herself to preserve the secrets, of her client in wilful violation of Business and Professions Code section 6068(e).
AUTHORITIES SUPPORTING DISCIPLINE:
Standards:
Pursuant to Standard 1.3 of the Standards for Attorney Sanctions for Professional Misconduct:
The primary purposes of disciplinary proceedings conducted by the State Bar of California and of sanctions imposed upon a finding or acknowledgment of a member’s professional misconduct are the protection of the public, the courts and the legal profession; the maintenance of high professional standards by attorneys and the preservation of public confidence in the legal profession.
To determine the appropriate level of discipline, the standards provide guidance. Drociak v. State Bar (1991) 52 Cal.3d 1085; In the Matter of Sampson, 3 Cal. State Bar Ctl Rptr. 119. A disciplinary recommendation must be consistent with the discipline in similar proceedings. See Snyder v. State Bar (1990) 49 Cal.3d 1302. Moreover, the recommended, discipline must rest upon a balanced consideration of relevant factors. In the Matter of Sampson, 3 Cal. State Bar Ct. Rptr. 119.
Pursuant to Standard 2.3 of the Standards for Attorney Sanctions for Professional Misconduct:
Culpability of a member of an act of moral turpitude, fraud, or intentional dishonesty toward a court, client or other person.., shall result in actual suspension or disbarment depending on the extent to which the victim of the misconduct is harmed or misled and depending on the magnitude of the act of misconduct and the degree to which it relates to the member’s acts within the practice of law.
Pursuant to Standard 2.4(b) of the Standards for Attorney Sanctions for Professional Misconduct:
Culpability of a member of a violation of rule 3-110(A) of the Rules of Professional Conduct shall result in reproval or suspension depending upon the extent of the misconduct and the degree of harm to the client.
Pursuant to Standard 2.6 of the Standards for Attorney Sanctions for Professional Misconduct:
Culpability of a member of a violation of any of the following provisions of the Business and Professions code shall result in disbarment or suspension depending on the gravity of the offense or harm, if any, to the victim, with due regard to the purposes of imposing discipline set forth in standard 1.3.
(a) Sections 6067 and 6068;
(b) Sections 6103 through 6105;
(c) Sections 6106.1.
Pursuant to Standard 2.10 of the Standards for Attorney Sanctions for Professional Misconduct:
Culpability of a member of a violation of any provision of the Business and Professions Code not specified in these standards or of a wilful violation of any Rule of Professional Conduct not specified in these standards shall result in reproval or suspension according to the gravity of the offense or harm, if any, to the victim, with due regard to the purposes of imposing discipline set forth in standard 1.3.
The stipulated discipline of a three year actual suspension, and five year stayed suspension is the appropriate discipline in these matters to protect the public and ensure that due respect is afforded to the judicial process.
COSTS OF DISCIPLINARY PROCEEDINGS:
Respondent acknowledges that the Office of the Chief Trial Counsel has informed respondent that as of November 18, 2010, the prosecution costs in this matter are $2,602.00. 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.
Case Number(s): 08-O-12146 and 08-O-14119
In the Matter of:
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: Eden Beloved Noe
Date: November 23, 2010
Respondent’s Counsel:
Date:
Deputy Trial Counsel: Erin McKeown Joyce
Date: November 23, 2010
Case Number(s): 08-O-12146 and 08-O-14119
In the Matter of: Eden Beloved Noe
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.
<<not>> 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: Donald F. Miles
Date: December 17, 2010
[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 December 21, 2010, 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:
EDEN B. NOE, ESQ.
5854 KIYOT WAY
PLAYA VISTA, CA 90094
checked. by interoffice mail through a facility regularly maintained by the State Bar of California addressed as follows:
ERIN JOYCE, ESQ., Enforcement, Los Angeles
I hereby certify that the foregoing is true and correct. Executed in Los Angeles, California, on December 21, 2010.
Signed by:
Rose Luthi
Case Administrator
State Bar Court