State Bar Court of California

Hearing Department

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

ACTUAL SUSPENSION

Case Number(s): 11-O-13356

In the Matter of: Gregory Allen Paiva, Bar # 11-O-13356 , A Member of the State Bar of California, (Respondent).

Counsel For The State Bar: Charles T. Calix, Deputy Trial Counsel

1149 S. Hill Street

Los Angeles, CA 90015

(213) 765-1000

Bar # 146853

Counsel for Respondent: Poonam K. Walia, Gateway Legal Group, P.C.

4295-A Jurupa Street, Suite 114

Ontario, CA 91761

(909) 390-1515

Bar # 256781

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

Filed: January 11, 2012

<<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 June 5, 2000.

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: three 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.

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 06-O-14235 and 07-O-13173.
 checked. (b)             Date prior discipline effective October 29, 2009.
 checked. (c)             Rules of Professional Conduct/ State Bar Act violations: Case No. 06-O-14235-Rule 4-100(A), Rules of Professional Conduct (“rule(s)”) and Business and Professional Code section 6106.  Case 07-O-13173-Business and Professions Code section 6106.
 checked. (d)             Degree of prior discipline Two years probation with conditions, including a 60 day actual suspension.
 checked. (e)             If Respondent has two or more incidents of prior discipline, use space provided below.

(a)  09-O-11877, 10-O-072237, 09-O-12909, 09-O-19182, 10-O-06344, and 10-O-10086

 

(b)  August 7, 2011

 

(c)  Case No. 09-O-I 1877 - Rules 1-300(B) and 4-200(A). Case No. I0-O-00161 - Rule 4-I00(B)(3). Case No. I0-O-07237 - Rules 1-300(B) and 4-200(A). Case No. 09-O-12909 - Rules 3-I 10(A) and 3700 (D()(I) and Business and Professions Code section 6068(d). Case No. 09-O-19182 - Rules l320 (A), 3-I 10(A) and 3-700(D()(I) and Business and Professions Code section 6068(m). Case No.- I0-O-06344 - Rule 4-200(A) and Business and Professions Code section 6068(a). Case No. 10-O-10086 - Rules 3-|10(A), 3-700(A)(2), and 3-700(D)(2), and Business and Professions Code section 6068(m).

 

(d)   Three (3) years probation with conditions, including a one (1) year actual suspension.

<<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. 

<<not>> 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. 

<<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.

<<not>> 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.

<<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 four (4) 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 eighteen (18) months.
 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: Respondent successfully completed Ethics School in or about August 2010, as ordered by the Supreme Court of California in Case No. S1715109 (State Bar Case Nos. 06-O-14235 and 07-O-13173).

<<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.
 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.

 checked. No MPRE recommended.  Reason: Respondent successfully took and passed the MPRE in or about November 2010, as ordered by the Supreme Court of California in Case No. S1715109 (State Bar Case Nos. 06-O-14235 and 07-O-13173).

<<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:

Attachment language (if any):

FINANCIAL CONDITIONS

Case Number(s): 11-O-13356

In the Matter of: Gregory Allen Paiva

 

a. Restitution

 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: Timothy & Christine Loring

   Principal Amount: $2,000

   Interest Accrues From: September 26, 2005

2. Payee:

   Principal Amount:

   Interest Accrues From:

3. Payee:

   Principal Amount:

   Interest Accrues From:

4. Payee:

   Principal Amount:

   Interest Accrues From:

 

 checked. Respondent must pay above-referenced restitution and provide satisfactory proof of payment to the Office of Probation not later than July 10, 2012.

b. Installment Restitution Payments

<<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

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.

c. Client Funds Certificate

<<not>> 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.

d. Client Trust Accounting School

<<not>> 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.

 

ATTACHMENT TO

STIPULATION RE FACTS, CONCLUSIONS OF LAW AND DISPOSITION

 

IN THE MATTER OF: Gregory Allen Paiva, State Bar No. 207218

STATE BAR COURT CASE NUMBER: 11-O-13356

 

FACTS AND CONCLUSIONS OF LAW.

 

            Gregory Allen Paiva ("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.

 

             Facts:

 

            1.         On or about August 27, 2003, the home owned by Timothy and Christine Loring (the Lorings") suffered water damage. The home was insured by Century-National Insurance Company ("Century-National").

 

            2.         Between on or about August 27, 2003 and on or about September 21, 2005, Century-National paid the approximate sum of $20,362 for additional living expenses and the approximate sum of $23,500 for the structure loss to the Lorings.

 

            3.         On or about September 21, 2005, the Lorings hired Respondent to represent them in an action alleging breach of contract and bad faith against Century-National. The Lorings agreed to pay $175 per hour for attorney time and $100 per hour for paralegal time.

 

            4.         On or about September 26, 2005, the Lorings paid $2,000 in advance attorney fees to Respondent.

 

            5.         Between on or about September 19, 2005 and on or about October 24, 2005, the attorney for Century-National sent approximately five letters, faxes and e-mails to Respondent’s office requesting that Respondent identify the nature and extent of the Lorings’ claim. Respondent received the letters, faxes, or e-mail.

 

            6.         On or about November 28, 2005, the attorney for Century-National sent a letter to Respondent’s office stating that Century-National was closing the Lorings’ claim due to the failure of Respondent and the Lorings to identify the nature and extent of the Lorings’ claim. Respondent received the letter.

 

            7.         Thereafter, Century-National closed the Lorings’ claim.

 

                        8.         Respondent provided no legal services of value to the Lorings to prosecute their claim against Century-National and took no action to reopen the Lorings’ claim after it was closed by Century-National on or about November 28, 2005.

 

            9.         Respondent did not earn any portion of the advance attorney fees paid by the Lorings. At no time did Respondent refund any of the $2,000 paid by the Lorings.

 

            10.       Between in or about early 2005 and in or about mid 2010, Tim Loring ("Tim") called and spoke with Respondent about the Lorings’ case once every two to three months. Respondent repeatedly assured Tim that Respondent was working on the matter and that the matter was progressing.

 

            11.       At the time that Respondent told Tim that he was working on the matter, those statements were false, and Respondent knew or was grossly negligent in not knowing that those statements were false.

 

            Conclusions of Law:

 

            12.       By providing no legal services of value to the Lorings to prosecute their claim against Century-National, Respondent intentionally, recklessly, or repeatedly failed to perform legal services with competence in willful violation of rule 3-110(A) of the Rules of Professional Conduct ("rule").

 

            13.       By not refunding the $2,000 to the Lorings, Respondent failed to refund promptly any part of a fee .paid in advance that has not been earned in willful violation of rule 3-700(D)(2), "

 

            14.       By repeatedly telling Tim that he was working on the matter, when he knew or was grossly negligent in not knowing that those statements were false, Respondent willfully committed an act involving moral turpitude, dishonesty, or corruption in willful violation of Business and Professions Code section 6 i06.

 

PENDING PROCEEDINGS.

 

            The disclosure date referred to, on page 2, paragraph A(7), was December 28,2011.

 

AUTHORITIES SUPPORTING DISCIPLINE.

 

            Standard 1.3, Title IV, Standards for Attorney Sanctions for Professional Misconduct, provides that the primary purposes of the disciplinary system 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."

 

            Standard 1.7(b) provides that if a member is found culpable of professional misconduct in any proceeding in which discipline may be imposed and the member has a record of two prior impositions of discipline, the degree of discipline in the current proceeding shall be disbarment unless the most compelling mitigating circumstances clearly predominate.

 

            Standard 2.4(b) holds that a failure to perform in individual client matters, not demonstrating a pattern, shall result in reproval or suspension depending on the extent of the misconduct and the extent of harm to the client.

 

            In In re Morse (1995) 11 Cal .4th 184, 206, the Supreme Court stated the purpose of disciplinary proceedings 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.

 

            In Silverton, the Supreme Court held that the Standards are to be applied unless the exceptions set forth in them are satisfied or the attorney can otherwise establish grave doubts as to the propriety of the sanction. ]d. at p. 93. The Supreme Court further held in language directly applicable to Standard 1.7(b) that when an attorney has previously been disbarred, disbarment is the appropriate sanctiota for subsequent professional misconduct unless the exception set forth in standard 1.7(a) is satisfied or the attorney can otherwise establish "grave doubts as to the propriety" of disbarment in the particular case. Id. at p. 93.

 

            The misconduct in this matter occurred between in or about September 21, 2005 and in or about October 2010, which is the same time period as the misconduct in Case Nos. 09-0-11877 et al, which was resolved by Respondent and the State Bar by a Stipulation re Facts, Conclusions of Law and Disposition and Order Approving Actual Suspension filed on March 22, 2011. The complaint in this matter was filed on or about April 22, 2011. The parties agree that it is therefore appropriate to consider

the misconduct involved in this case to be contemporaneous with the misconduct in Case Nos. 09-011877 et al. See, In the Matter of Sklar (Review Dept. 1993) 2 Cal. State Bar. Ct. Rptr. 602, 619. The parties agree that the totality of the findings in this case and Case Nos. 09-O-11877 et al -had they been charged as one case - would have increased the level of discipline in Case Nos. 09-0-11877 et al to a four (4) year probation with conditions, including a two (2) year actual suspension and that Respondent show proof satisfactory to the State Bar Court of rehabilitation and present fitness to practice and present learning pursuant to standard 1.4(c)(ii).

 

COSTS OF DISCIPLINARY PROCEEDINGS.

 

            Respondent acknowledges that the Office of the Chief Trial Counsel has informed respondent that as of December 28, 2011, the prosecution costs in this matter are $2,797.00. 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.

 

SIGNATURE OF THE PARTIES

Case Number(s): 11-O-13356

In the Matter of: Gregory Allen Paiva

 

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:  Gregory Allen Paiva

Date:  December 28, 2011

 

Respondent’s Counsel:  Poonam K. Walia

Date:  December 28, 2011

 

Deputy Trial Counsel:  Charles T. Calix

Date: December 28, 2011

ACTUAL SUSPENSION ORDER

Case Number(s): 11-O-13356

In the Matter of: Gregory Allen Paiva

 

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 6: An "X" is INSERTED in box F(2) so that respondent will be required to comply with California Rules of Court, rule 9.20 and to 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 order in this matter. Respondent is to file a rule 9.20(c) compliance declaration even if he has no clients or he remains on actual suspension under the Supreme Court’s July 8, 2011 order in case number S 192655 (State Bar Court case number 09-O-11877, etc.) or both on the effective date of the Supreme Court order in this matter. (See Powers v. State Bar (1988) 44 Cal.3d 337, 341 .)

 

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: 1/10/12

 

CERTIFICATE OF SERVICE

[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 January 24, 2012, 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:

 

                              POONAM K. WALIA, ESQ.

                              GATEWAY LEGAL GROUP PC

                              9469 HAVEN AVE STE 210

                              RANCHO CUCAMONGA, CA  91730

 

checked. by interoffice mail through a facility regularly maintained by the State Bar of California addressed as follows:

 

                              CHARLES CALIX,  Enforcement, Los Angeles

 

I hereby certify that the foregoing is true and correct. Executed in Los Angeles, California, on January 11, 2012.

 

Signed by:

Rose Luthi

Case Administrator

State Bar Court