State Bar Court of California

Hearing Department

STIPULATION RE FACTS, CONCLUSIONS OF LAW AND DISPOSITION AND ORDER APPROVING

ACTUAL SUSPENSION

Case Number(s): 09-O-13933; 09-O-14261

10-O-02996

In the Matter of: Alaba Sikiru Ajetunmobi, Bar # 219228, A Member of the State Bar of California, (Respondent).

Counsel For The State Bar: Jean Cha, Deputy Trial Counsel

1149 S. Hill Street

Los Angeles, CA 90015

(213) 765-1000

Bar #228137

Counsel for Respondent:  In Pro Per Respondent

Alaba S. Ajetunmobi

3350 Wilshire Blvd, Ste 980

Los Angeles, CA 90010

(213) 380-9488

Bar # 219228

Submitted to: Settlement Judge, State Bar Court Clerk’s Office Los Angeles

Filed: April 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.

A.  Parties' Acknowledgments:

1. Respondent is a member of the State Bar of California, admitted May 20, 2002.

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: 2012, 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.

B.  Aggravating Circumstances [for definition, see Standards for Attorney Sanctions for Professional Misconduct, standard 1.2(b)]. Facts supporting aggravating circumstances are required.

checked. (1) Prior record of discipline [see standard 1.2(f)]

checked. (a)              State Bar Court case # of prior case  [see standard 1.2(f)]

checked. (b)              Date prior discipline effective March 5, 2009.

checked. (c)              Rules of Professional Conduct/ State Bar Act violations: Rules of Professional Conduct 3-110(A) failure to perform & Rules of Professional Conduct 4-100(A) misusing CTA and issuing checks against insufficient funds.

checked. (d)              Degree of prior discipline Two Years’ Stayed Suspension, Two Years’ Probation, 90 Days’ Actual Suspension.

<<not>> checked. (e)          If Respondent has two or more incidents of prior discipline, use space provided below.

<<not>> checked. (2) Dishonesty:  Respondent's misconduct was surrounded by or followed by bad faith, dishonesty, concealment, overreaching or other violations of the State Bar Act or Rules of Professional Conduct.

<<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.

<<not>> checked. (4) Harm:  Respondent's misconduct harmed significantly a client, the public or the administration of justice.

<<not>> checked. (5) Indifference:  Respondent demonstrated indifference toward rectification of or atonement for the consequences of his or her misconduct.

<<not>> checked. (6) Lack of Cooperation:  Respondent displayed a lack of candor and cooperation to victims of his/her misconduct or to the State Bar during disciplinary investigation or proceedings. 

<<not>> checked. (7) Multiple/Pattern of Misconduct:  Respondent's current misconduct evidences multiple acts of wrongdoing or demonstrates a pattern of misconduct.

<<not>> checked. (8) No aggravating circumstances are involved.
Additional aggravating circumstances:

C.  Mitigating Circumstances [see standard 1.2(e)]. Facts supporting mitigating circumstances are required.

not>> checked. (1)         No Prior Discipline:  Respondent has no prior record of discipline over many years of practice coupled with present misconduct which is not deemed serious.

not>> checked. (2)         No Harm:  Respondent did not harm the client or person who was the object of the misconduct. 

checked. (3)                    Candor/Cooperation:  Respondent displayed spontaneous candor and cooperation with the victims of his/her misconduct and to the State Bar during disciplinary investigation and proceedings.  Respondent has been candid and cooperative. (Sfd. ].2(e)(v); Silva-Vidor v. State Bar (] 989) 49 Cal.3d 107], 1079; Pineda v. State Bar (1989) 49 Cal.3d 753, 760.)

not>> checked. (4)         Remorse:  Respondent promptly took objective steps spontaneously demonstrating remorse and recognition of the wrongdoing, which steps were designed to timely atone for any consequences of his/her misconduct. 

not>> checked. (5)         Restitution:  Respondent paid $ on in restitution to without the threat or force of disciplinary, civil or criminal proceedings.

not>> checked. (6)         Delay:  These disciplinary proceedings were excessively delayed.  The delay is not attributable to Respondent and the delay prejudiced him/her.

not>> checked. (7)         Good Faith:  Respondent acted in good faith.

checked. (8)                    Emotional/Physical Difficulties:  At the time of the stipulated act or acts of professional misconduct Respondent suffered extreme emotional difficulties or physical disabilities which expert testimony would establish was directly responsible for the misconduct.  The difficulties or disabilities were not the product of any illegal conduct by the member, such as illegal drug or substance abuse, and Respondent no longer suffers from such difficulties or disabilities. From mid-2007, Respondent suffered from depression that was triggered by financial problems beginning in 2006 and exacerbated in late-2008 by marital problems and a marital separation that have since been resolved between Respondent and his wife in September 2010.

                                          Initially, Respondent was in denial and refused to seek help from a professional. But from May 2010, Respondent focused all of his energy on seeking treatment, reducing stress in his lifestyle, recovering from depression, winding down his practice and substituting out of all client matters. Respondent sees a therapist bi-weekly for his depression, which is currently under control. While in the throes of depression, Respondent was so overwhelmed that he put State Bar correspondence in a drawer and was fearful of opening the letters. Due to Respondent’s depression he found timely compliance with probation conditions impossible. Now that the depression is under control, recurrence of the misconduct is not likely.

                                          In September 2010, Respondent closed his law practice to focus on his rehabilitation and fully acknowledges the wrongdoing.

<<not>> checked. (9)    Severe Financial Stress:  At the time of the misconduct, Respondent suffered from severe financial stress which resulted from circumstances not reasonably foreseeable or which were beyond his/her control and which were directly responsible for the misconduct.

<<not>> checked. (10) Family Problems:  At the time of the misconduct, Respondent suffered extreme difficulties in his/her personal life which were other than emotional or physical in nature.

<<not>> checked. (11) Good Character:  Respondent's good character is attested to by a wide range of references in the legal and general communities who are aware of the full extent of his/her misconduct.

<<not>> checked. (12) Rehabilitation: Considerable time has passed since the acts of professional misconduct occurred followed by convincing proof of subsequent rehabilitation.

<<not>> checked. (13) No mitigating circumstances are involved.
Additional mitigating circumstances:

D. Discipline:

checked. (1)           Stayed Suspension:

checked. (a) Respondent must be suspended from the practice of law for a period of two (2)             years.

<<not>> checked. i. and until Respondent shows proof satisfactory to the State Bar Court of rehabilitation and present fitness to practice and present learning and ability in the law pursuant to standard 1.4(c)(ii) Standards for Attorney Sanctions for Professional Misconduct.

<<not>> checked. ii. and until Respondent pays restitution as set forth in the Financial Conditions form attached to this stipulation.

<<not>> checked. iii. and until Respondent does the following:

checked. (b) The above-referenced suspension is stayed.

checked. (2) Probation:  Respondent must be placed on probation for a period of three years, which will commence upon the effective date of the Supreme Court order in this matter.  (See rule 9.18, California Rules of Court.)

checked. (3) Actual Suspension:

checked. (a) Respondent must be actually suspended from the practice of law in the State of California for a period of six months.

<<not>> checked. i. and until Respondent shows proof satisfactory to the State Bar Court of rehabilitation and present fitness to practice and present learning and ability in the law pursuant to standard 1.4(c)(ii), Standards for Attorney Sanctions for Professional Misconduct

<<not>> checked. ii. and until Respondent pays restitution as set forth in the Financial Conditions form attached to this stipulation.

<<not>> checked. iii. and until Respondent does the following:

E. Additional Conditions of Probation:

<<not>> checked. (1) If Respondent is actually suspended for two years or more, he/she must remain actually suspended until he/she proves to the State Bar Court his/her rehabilitation, fitness to practice, and learning and ability in the general law, pursuant to standard 1.4(c)(ii), Standards for Attorney Sanctions for Professional Misconduct.

checked. (2)                 During the probation period, Respondent must comply with the provisions of the State Bar Act and Rules of Professional Conduct.

checked. (3)                 Within ten (10) days of any change, Respondent must report to the Membership Records Office of the State Bar and to the Office of Probation of the State Bar of California ("Office of Probation"), all changes of information, including current office address and telephone number, or other address for State Bar purposes, as prescribed by section 6002.1 of the Business and Professions Code.

checked. (4)                 Within thirty (30) days from the effective date of discipline, Respondent must contact the Office of Probation and schedule a meeting with Respondent's assigned probation deputy to discuss these terms and conditions of probation. Upon the direction of the Office of Probation, Respondent must meet with the probation deputy either in-person or by telephone. During the period of probation, Respondent must promptly meet with the probation deputy as directed and upon request.

checked. (5)                 Respondent must submit written quarterly reports to the Office of Probation on each January 10, April 10, July 10, and October 10 of the period of probation. Under penalty of perjury, Respondent must state whether Respondent has complied with the State Bar Act, the Rules of Professional Conduct, and all conditions of probation during the preceding calendar quarter. Respondent must also state whether there are any proceedings pending against him or her in the State Bar Court and if so, the case number and current status of that proceeding. If the first report would cover less than 30 days, that report must be submitted on the next quarter date, and cover the extended period.
In addition to all quarterly reports, a final report, containing the same information, is due no earlier than twenty (20) days before the last day of the period of probation and no later than the last day of probation.

<<not>> checked. (6) Respondent must be assigned a probation monitor. Respondent must promptly review the terms and conditions of probation with the probation monitor to establish a manner and schedule of compliance. During the period of probation, Respondent must furnish to the monitor such reports as may be requested, in addition to the quarterly reports required to be submitted to the Office of Probation. Respondent must cooperate fully with the probation monitor.

checked. (7)                 Subject to assertion of applicable privileges, Respondent must answer fully, promptly and truthfully any inquiries of the Office of Probation and any probation monitor assigned under these conditions which are directed to Respondent personally or in writing relating to whether Respondent is complying or has complied with the probation conditions.

<<not>> checked. (8) Within one (1) year of the effective date of the discipline herein, Respondent must provide to the Office of Probation satisfactory proof of attendance at a session of the Ethics School, and passage of the test given at the end of that session.
No Ethics School recommended.  Reason: Ethics School is not required because Respondent already attended the March 25, 2011 session and provided proof to the Office of Probation.

<<not>> checked. (9) Respondent must comply with all conditions of probation imposed in the underlying criminal matter and must so declare under penalty of perjury in conjunction with any quarterly report to be filed with the Office of Probation.

<<not>> checked. (10)        The following conditions are attached hereto and incorporated:

<<not>> checked. Substance Abuse Conditions.

<<not>> checked. Law Office Management Conditions.

<<not>> checked. Medical Conditions.

<<not>> checked. Financial Conditions.

F.   Other Conditions Negotiated by the Parties:

<<not>> checked. (1)         Multistate Professional Responsibility Examination:  Respondent must provide proof of passage of the Multistate Professional Responsibility Examination ("MPRE"), administered by the National Conference of Bar Examiners, to the Office of Probation during the period of actual suspension or within one year, whichever period is longer.  Failure to pass the MPRE results in actual suspension without further hearing until passage. But see rule 9.10(b), California Rules of Court, and rule 5.162(A) & (E), Rules of Procedure.
<<not>> checked. No MPRE recommended.  Reason:

<<not>> checked. (2)         Rule 9.20, California Rules of Court:  Respondent must comply with the requirements of rule 9.20, California Rules of Court, and perform the acts specified in subdivisions (a) and (c) of that rule within 30 and 40 calendar days, respectively, after the effective date of the Supreme Court's Order in this matter.

<<not>> checked. (3)         Conditional Rule 9.20, California Rules of Court:  If Respondent remains actually suspended for 90 days or more, he/she must comply with the requirements of rule 9.20, California Rules of Court, and perform the acts specified in subdivisions (a) and (c) of that rule within 120 and 130 calendar days, respectively, after the effective date of the Supreme Court's Order in this matter.

<<not>> checked. (4)         Credit for Interim Suspension [conviction referral cases only]:  Respondent will be credited for the period of his/her interim suspension toward the stipulated period of actual suspension. Date of commencement of interim suspension:

<<not>> checked. (5)         Other Conditions: In the event that Respondent passes an MPRE after the date of the parties’ execution of this stipulation and before the effective date of the discipline in these matters, Respondent will not be obligated to take the MPRE again, to be in compliance with Item F. (1) if he provides proof of passage of the MPRE to the Office of Probation within 6 months of the effective date of the discipline.

ATTACHMENT TO

STIPULATION RE FACTS, CONCLUSIONS OF LAW AND DISPOSITION

IN THE MATTER OF: ALABA SIKIRU A3ETUNMOBI, 219228

CASE NUMBERS: 09-O-13933; 09-O-14261; 10-O-02996

Respondent admits the facts set forth in the stipulation are true and that he is culpable of violations of the specified statutes and Rules of Professional Conduct.

09-O-13933 - McKoy Matter

FACTS

1. In July 2006, Michelle E. McKoy ("Ms. McKoy") employed Respondent to represent her in immigration matters with the United States Citizenship and Immigration Services ("USCIS").

2. On July 16, 2007, Respondent filed an I-140 Immigration Petition for Alien Worker with the USCIS. Respondent did not execute a Notice of Appearance and did not attach a ’required current prevailing wage determination resulting in an adverse decision on June 9, 2009. Subsequent counsel successfully petitioned to have the I-140 petition reopened and provided the appropriate paperwork. McKoy’s petition was approved October 9, 2009.

3. On July 29, 2009, the State Bar opened an investigation, case no. 09-O-13933, pursuant to a complaint filed by Michelle E. McKoy ("McKoy matter").

4. A State Bar Investigator sent letters to Respondent on November 3, 2009, and December 9, 2009, which Respondent received, requesting that Respondent cooperate and participate in the investigation by providing a written response to the allegations under investigation. Respondent did not provide a written response.

CONCLUSION OF LAW

5. By failing to perform legal services Respondent wilfully violation Rules of Professional Conduct rule 3-110(A).

6. By failing to cooperate and participate in a disciplinary investigation pending against Respondent, Respondent wilfully violated Business and Professions Code, section 6068(i), 09-O-14261 - House Matter

FACTS

7. In November 2007, Jhimal House ("Mr. House") employed Respondent to represent him in a real estate breach of contract matter.

8. During the course of the representation, Respondent failed to pay a $750 discovery sanction ordered by the court on March 26, 2008, and failed to respond to discovery requests by April 10, 2008 as ordered by the court on March 26, 2008.

9. On August 12, 2009, the State Bar opened an investigation, case no. 09-O-14261, pursuant to a complaint filed by Jhimal House ("House matter").

10. A State Bar Investigator sent letters to Respondent on November 2, 2009, and March 17, 2010, which Respondent received, requesting that Respondent provide a written response to the allegations under investigation. Respondent did not provide a written response.

CONCLUSION OF LAW

11. By failing to timely pay a $750 discovery sanction and failing to respond to discovery requests, Respondent failed to perform legal services with competence, in wilful violation of Rules of Professional Conduct, rule 3-110(A).

12. By failing to cooperate in a disciplinary investigation, Respondent wilfully violated

Business and Professions Code, section 6068(i).

10-O-02996 - Probation Violation Matter

FACTS

1. On February 3, 2009, the California Supreme Court filed Supreme Court order number S168973 (State Bar Court Case numbers 07-O-10220, 07-O-11794, 07-O-12657 and 07O-14714) placing Respondent on probation for two years, subject to the conditions of probation, effective March 5, 2009.

2. Pursuant to the February 3, 2009 California Supreme Court Order, Respondent was ordered to timely comply with various conditions of probation. Respondent contacted the Office of Probation to schedule an initial meeting three days late. Respondent filed two CPA reports late and three Quarterly Reports late. Respondent failed to file his April 10, 2010 CPA report and July 10, 2010 Quarterly Report. Respondent took State Bar Ethics School 20 days late.

Respondent took CTA School 21 days late.

CONCLUSION OF LAW

By failing to timely comply with certain conditions attached to any disciplinary probation, Respondent willfully violated Business and Professions Code, section 6068(k),

AUTHORITIES.

The purpose of State Bar disciplinary proceedings is not to punish the attorney, but to protect the public, to preserve public confidence in the profession, and to maintain the highest possible professional standards for attorneys. (Chadwick v. State Bar (1989) 49 Cal.3d 103, 111; Cooper v. State Bar (1987)43 Cal.3d 1016, 1025; Std. 1.3.)

The determination of discipline involves an analysis of the standards on balance with any mitigation and aggravation. (Std. 1.6(b); Segal v. State Bar (1988) 44 Cal.3d 1077, 1089; Snyder v. State Bar (1990) 49 Cal.3d 1302, 1310-11.)

Because Respondent has a prior record of discipline, the discipline in the present proceeding is greater than that imposed in the prior proceeding. (Std. 1.7(a).) A failure to perform and a failure to refund unearned fees results in reproval or suspension. (Std. 2.4(b); Std. 2.10.) A failure to cooperate in an investigation results in suspension or disbarment. (Std. 2.6(a).)

In the Matter of Laden (Review Dept. 2004) 4 Cal. State Bar Ct. Rptr. 678, an attorney was actually suspended for 90 days for not timely filing quarterly reports and untimely restitution payments.

In the Matter of Nees (Review Dept. 1996) 3 Cal. State Bar Ct. Rptr. 459, an attorney was actually suspended for six months for a failure to perform, failure to respond to client inquiry, failure to turn over the client’s file, failure to cooperate, and a failure to return unearned fees where the attorney failed to appear at the trial and the multiple acts of misconduct were

protracted and significant harm to the client.

Respondent’s misconduct is a combination of the misconduct found in Laden and Nees. Respondent has more mitigation than the attorney in Nees. On balance of the facts, circumstances, aggravation and mitigation surrounding Respondent’s misconduct, actual suspension of six months is sufficient to protect the public.

DISMISSALS.

The following counts were dismissed in the interest of justice.

Case No. 09-O-13933:

Count Two, Rules of Professional Conduct Rule 3-700(D)(1)

PENDING PROCEEDINGS.

The disclosure date referred to, on page one, paragraph A.(7), was March 16, 2011.

COSTS OF DISCIPLINARY PROCEEDINGS.

Respondent acknowledges that he was informed that as of March 16, 2011, the estimated prosecution costs in this matter are approximately $4,892.00. Respondent acknowledges that this figure is an estimate only and that it might not include State Bar Court costs (see Bus. & Prof. Code section 6068.10(c)) or taxable costs (see C.C.P. section 1033.5(a)), which will be included in any final cost assessment. Respondent further acknowledges that if this stipulation is rejected or if relief from the stipulation is granted, the costs may increase due to further proceedings. Note that if Respondent fails to pay any installment of disciplinary costs within the time provided herein or as may be modified by the State Bar Court pursuant to section 6086.10, subdivision(c), the remaining balance of the costs is due and payable immediately unless relief

has been granted under the Rules of Procedure of the State Bar of California (Rules Proc. of State Bar, rule 5.130 (old rule 286)). Payment of costs is enforceable as provided in Business and Professions Code section 6140.7 and as a money judgment.

MEDICAL CONDITIONS

Case Number(s): 09-O-13933, et al.

In the Matter of: Alaba Sikiru Ajetunmobi

<<not>> checked. a. Unless Respondent has been terminated from the Lawyer Assistance Program (“LAP”) prior to respondent’s successful completion of the LAP, respondent must comply with all provisions and conditions of respondent’s Participation Agreement with the LAP and must provide an appropriate waiver authorizing the LAP to provide the Office of Probation and this court with information regarding the terms and conditions of respondent’s participation in the LAP and respondent’s compliance or non-compliance with LAP requirements. Revocation of the written waiver for release of LAP information is a violation of this condition. However, if respondent has successfully completed the LAP, respondent need not comply with this condition.

checked. b. Respondent must obtain psychiatric or psychological help/treatment from a duly licensed psychiatrist, psychologist, or clinical social worker at respondent’s own expense a minimum of two times per month and must furnish evidence to the Office of Probation that respondent is so complying with each quarterly report. Help/treatment should commence immediately, and in any event, no later than thirty (30) days after the effective date of the discipline in this matter. Treatment must continue for  days or  months or two years or, the period of probation or until a motion to modify this condition is granted and that ruling becomes final.

                                 If the treating psychiatrist, psychologist, or clinical social worker determines that there has been a substantial change in respondent’s condition, respondent or Office of the Chief Trial Counsel may file a motion for modification of this condition with the Hearing Department of the State Bar Court, pursuant to rule 5.300 of the Rules of Procedure of the State Bar. The motion must be supported by a written statement from the psychiatrist, psychologist, or clinical social worker, by affidavit or under penalty of perjury, in support of the proposed modification.

checked. c. 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.

SIGNATURE OF THE PARTIES

Case Number(s): 09-O-13933, et al.

In the Matter of: Alaba Sikiru Ajetunmobi

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: Alaba Sikiru Ajetunmobi

Date: March 22, 2011

Respondent’s Counsel:

Date:

Deputy Trial Counsel: Jean Cha

Date: March 22, 2011

ACTUAL SUSPENSION ORDER

Case Number(s): 09-O-13933, et al.

In the Matter of: Alaba Sikiru Ajetunmobi

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.

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: April 5, 2011