Case Number(s): 10-O-03173
In the Matter of: Renee Michelle Daughetee, Bar #, A Member of the State Bar of California, (Respondent).
Counsel For The State Bar: Timothy G. Byer, DTC
1149 S. Hill St.
L.A., CA 90015
(213) 765-1325
Bar # 172472
Counsel for Respondent: In Pro Per Respondent
Renee M. Daughetee
18881 Von Karman Ave., 16th Floor
Irvine, CA 92612
(949) 608-0832
Bar # 257018
Submitted to: Settlement Judge
Filed: June 17, 2011 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 June 23, 2008.
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. Costs are added to membership fee for calendar year following effective date of discipline.
checked. Costs are to be paid in equal amounts prior to February 1 for the following membership years: Respondent’s costs in the sum of $2,797 are to be paid in equal amounts in each of the three billing periods following the effective date of the Supreme Court order herein. (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.
There are no additional mitigating circumstances.
The Office of the Chief Trial Counsel agrees not to oppose Respondent’s early completion of Ethics School and/or Client Trust Account School in the event Respondent chooses to complete these requirements prior to the effective date of the Supreme Court order herein.
ATTACHMENT TO STIPULATION RE FACTS, CONCLUSIONS OF LAW AND DISPOSITION\
IN THE MATTER OF: RENEE MICHELLE DAUGHETEE
CASE NUMBER: 10-O-03173
WAIVER OF RIGHT TO FILING OF NOTICE OF DISCIPLINARY CHARGES:
The parties waive the right to the filing of a 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 violation of the specified Rule of Professional Conduct.
Facts:
1. Between September 11, 2009 and February 19, 2010, Respondent withdrew funds from her client trust account #X-XXX-XXXX-7563 at U.S. Bank ("CTA") to pay her personal and business expenses, and deposited her own funds into the CTA to cover those expenses including, but not limited to, the following:
Date 9/11/2009 Payee Mario Santibanez Amount $1,300.00
Date 9/26/2009 Payee "Tony" Amount $1,000.00
Date 10/9/2009 Payee Cash deposit Amount $4,902.50
Date 10/9/2009 Payee Poon & Sons Amount $1,300.00
Date 10/27/2009 Payee Mario Santibanez Amount $ 700.00
Date 10/29/2009 Payee Mario Santibanez Amount $ 1,000.00
Date 11/3/2009 Payee Stephanie Ninjares Amount $ 350.00
Date 11/5/2009 Payee Ascendian Capital Group LLC Amount $2,500.00
Date 11/6/2009 Payee Sandra Gallegos Amount $ 560.00
Date 11/14/2009 Payee Poon& Sons Amount $1,300.00
Date 11/14/2009 Payee Albertson’s Amount $ 57.48
Date 11/15/2009 Payee Albertson’s Amount $ 60.00
Date 12/3/2009 Payee Cash deposit Amount $6,000.00
Date 12/18/2010 Payee Poon & Sons Amount $1,300.00
Date 1/15/2010 Payee Cash deposit Amount $ 900.00
Date 2/19/2010 Payee Kim Pham Amount $ 955.00
2. The payments listed in the previous paragraph to Mario Santibanez, "Tony", Stephanie Ninjares, and Kim Pham were for employee expenses. The payments to Poon& Sons listed in the previous paragraph were for Respondent’s rent. The payment to Ascendion Capital Group LLC listed in the previous paragraph was for office space. The payment to Sandra Gallegos listed in the previous paragraph was for a car
payment. The payments to Albertson’s listed in the previous paragraph were for personal expenses.
3. The cash deposits listed in paragraph 3 were deposits of Respondent’s own funds, deposited into her CTA to cover her personal expenditures.
4. On December 4, 2009, check number 1133 to Poon& Sons for $1,300 and dated December 3, 2009, was paid from the CTA against insufficient funds, bringing the ending balance in the CTA to negative $753.11. For paying the check against insufficient funds, U.S. Bank assessed an Overdraft Charge of $1.02 to the CTA.
5. On February 26, 2010, check number 1137 to Kim Pham for $955 and dated February 19, 2010, was paid from the CTA against insufficient funds, bringing the ending balance in the CTA to negative $420.69. For paying the check against insufficient funds, U.S. Bank assessed an Overdraft Charge of $1.02 to the
CTA.
6. When Respondent issued check numbers 1133 and 1137 from the CTA, Respondent knew or was grossly negligent in not knowing that there would be insufficient funds in the CTA to honor both check numbers 1419 and 1421 at the time those checks were presented for payment.
Legal Conclusions:
7. By paying her personal expenses from her CTA and by depositing her own funds into her CTA to cover those expenditures, Respondent deposited or commingled funds belonging to Respondent in a bank account labeled "Trust Account," "Client’s Funds Account" or words of similar import, in willful violation of Rules of Professional Conduct, rule 4-100(A).
8. By issuing check numbers 1133 and 1137 from the CTA when she knew or was grossly negligent in not knowing that there were insufficient funds in the CTA to pay the checks, Respondent willfully committed acts involving moral turpitude, dishonesty or corruption, in willful violation of Business & Professions Code, section 6106.
Mitigating Circumstances:
No Harm: No harm was done to a client as a result of Respondent’s misconduct.
Candor and Cooperation: Respondent took full responsibility for her misconduct in her response to the State Bar.
Remorse: Respondent demonstrated remorse for her actions.
AUTHORITIES SUPPORTING RECOMMENDED DISCIPLINE:
Standards:
Standard 2.2(b) provides that "culpability of a member of commingling of entrusted funds or property with personal property or the commission of another violation of rule 4-100, Rules of Professional Conduct, none of which offenses result in the willful misappropriation of entrusted funds or property shall result in at least a three month actual suspension from the practice of law, irrespective of mitigating circumstances."
Deviation from the three month actual suspension referenced in Standard 2.2(b) is justified due to the lack of aggravating circumstances and due to Respondent’s willingness to enter into this stipulation prior to the filing of disciplinary charges.
Case Number(s):
In the Matter of:
a. Restitution
not checked. Respondent must pay restitution (including the principal amount, plus interest of 10% per annum) to the payee(s) listed below. If the Client Security Fund (“CSF”) has reimbursed one or more of the payee(s) for all or any portion of the principal amount(s) listed below, Respondent must also pay restitution to CSF in the amount(s) paid, plus applicable interest and costs.
1. Payee:
2. Principal Amount:
Interest Accrues From:
2. Payee:
Principal Amount:
Interest Accrues From:
3. Payee:
Principal Amount:
Interest Accrues From:
4. Payee:
Principal Amount:
Interest Accrues From:
Not checked. Respondent must pay above-referenced restitution and provide satisfactory proof of payment to the Office of Probation not later than ninety days prior to the end of his probationary period.
not checked. Respondent must pay the above-referenced restitution on the payment schedule set forth below. Respondent must provide satisfactory proof of payment to the Office of Probation with each quarterly probation report, or as otherwise directed by the Office of Probation. No later than 30 days prior to the expiration of the period of probation (or period of reproval), Respondent must make any necessary final payment(s) in order to complete the payment of restitution, including interest, in full.
1. Payee/CSF (as applicable)
Minimum Payment Amount
Payment Frequency quarterly
2. Payee/CSF (as applicable)
Minimum Payment Amount
Payment Frequency
3. Payee/CSF (as applicable)
Minimum Payment Amount
Payment Frequency
4. Payee/CSF (as applicable)
Minimum Payment Amount
Payment Frequency
Not checked. 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.
checked.
1. If Respondent possesses client funds at any time during the period covered by a required quarterly report, Respondent must file with each required report a certificate from Respondent and/or a certified public accountant or other financial professional approved by the Office of Probation, certifying that:
a. Respondent has maintained a bank account in a bank authorized to do business in the State of California, at a branch located within the State of California, and that such account is designated as a “Trust Account” or “Clients’ Funds Account”;
b. Respondent has kept and maintained the following:
i. A written ledger for each client on whose behalf funds are held that sets forth:
1. the name of such client;
2. the date, amount and source of all funds received on behalf of such client;
3. the date, amount, payee and purpose of each disbursement made on behalf of such client; and,
4. the current balance for such client.
ii. a written journal for each client trust fund account that sets forth:
1. the name of such account;
2. the date, amount and client affected by each debit and credit; and,
3. the current balance in such account.
iii. all bank statements and cancelled checks for each client trust account; and,
iv. each monthly reconciliation (balancing) of (i), (ii), and (iii), above, and if there are any differences between the monthly total balances reflected in (i), (ii), and (iii), above, the reasons for the differences.
c. Respondent has maintained a written journal of securities or other properties held for clients that specifies:
i. each item of security and property held;
ii. the person on whose behalf the security or property is held;
iii. the date of receipt of the security or property;
iv. the date of distribution of the security or property; and,
v. the person to whom the security or property was distributed.
2. If Respondent does not possess any client funds, property or securities during the entire period covered by a report, Respondent must so state under penalty of perjury in the report filed with the Office of Probation for that reporting period. In this circumstance, Respondent need not file the accountant’s certificate described above.
3. The requirements of this condition are in addition to those set forth in rule 4-100, Rules of Professional Conduct.
checked. Within one (1) year of the effective date of the discipline herein, Respondent must supply to the Office of Probation satisfactory proof of attendance at a session of the Ethics School Client Trust Accounting School, within the same period of time, and passage of the test given at the end of that session.
Case Number(s): 10-O-03173
In the Matter of: Renee Michelle Daughetee
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: Renee M. Daughetee
Date: 5/27/11
Respondent’s Counsel:
Date:
Deputy Trial Counsel: Timothy G. Byer
Date: 5/27/11
Case Number(s): 10-O-03173
In the Matter of: Renee Michelle Daughetee
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: 6/16/11
[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 17, 2011, I deposited a true copy of the following document(s):
STIPULATION RE FACTS, CONCLUSIONS OF LAW AND DISPOSITION AND ORDER APPROVING STAYED SUSPENSION; NO 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:
RENEE M. DAUGHETEE
THE DAUGHETEE LAW FIRM
1881 VON KARMAN AVENUE 16TH FLOOR
IRVINE, CALIFORNIA 92612
checked. by interoffice mail through a facility regularly maintained by the State Bar of California addressed as follows:
TIMOTHY BYER, Enforcement, Los Angeles
I hereby certify that the foregoing is true and correct. Executed in Los Angeles, California, on June 17, 2011.
Signed by:
Tammy Cleaver
Case Administrator
State Bar Court