Judge: Curtis A. Kin, Case: 21STCP03752, Date: 2023-12-19 Tentative Ruling

Hon. Curtis Kin The clerk for Department 82 may be reached at (213) 893-0530.

Case Number: 21STCP03752    Hearing Date: December 19, 2023    Dept: 82

MOTION FOR ORDER TERMINATING JURISDICTION OVER LAW PRACTICE

Date:               12/19/23 (9:30 AM)

Case:              State Bar of California v. David Daniel Ribeiro (21STCP03752)

TENTATIVE RULING:     

Petitioner State Bar of California’s Motion for Order Terminating Jurisdiction Over Law Practice of David Daniel Ribeiro and Authorizing Disposition of Undistributed Client Files and Other Property is GRANTED.

On December 9, 2022, the Court (Hon. Mary H. Strobel) entered an interim order assuming jurisdiction over the law practice of respondent David Daniel Ribeiro, pursuant to Business and Professions Code § 6190, et seq. Petitioner State Bar of California (“State Bar”) was appointed to retrieve and secure all the files and records of respondent’s law practice from sites where reliable evidence established that client files or records may be stored. (Ramirez Decl. ¶ 4; see also 12/9/21 Interim Order.) Through execution of the interim order, the State Bar came into possession of 3,890 client files. (Ramirez Decl. ¶¶ 5-7.)

On March 18, 2022, after respondent did not respond to an order to show cause why a permanent order assuming jurisdiction over the client files should not be issued, the Court (Judge Strobel) assumed jurisdiction over the files. (3/18/22 Permanent Order at 2.) Pursuant to Business and Professions Code § 6190, the Court found that, due to poor health and failing memory, respondent was incapable of devoting the time and attention to and providing the quality of service for his law practice which was necessary to protect the interest of the clients. (3/18/22 Minute Order at 2-3.)

Pursuant to the Court’s order (3/18/22 Permanent Order at 4:15-20), the State Bar directed respondent’s telephone company to refer calls placed to respondent’s law office to a telephone line at the State Bar. (Ramirez Decl. ¶ 9.)

Also pursuant to the Court’s order (3/18/22 Permanent Order at 5:1-5), the State Bar filed a change of address notification with the United States Postal Office to forward mail addressed to respondent’s law office to counsel at the State Bar. (Ramirez Decl. ¶ 10.)

Also pursuant to the Court’s order (3/18/22 Permanent Order at 3:13-15), the State Bar notified respondent’s clients that it was in possession of their case files. (Ramirez Decl. ¶ 11.) The State Bar mailed notification letters to respondent’s clients in two rounds—one round having been completed by May 6, 2022 and the other round for clients who did not contact the State Bar in response to the first round having been completed by May 8, 2023. (Ramirez Decl. ¶¶ 11, 14.) For 1,700 letters that were returned as undeliverable, the State Bar conducted a search for updated mailing address and sent notification letters to newly discovered mailing addresses. (Ramirez Decl. ¶¶ 13-15.)

Pursuant to the Court’s order (3/18/22 Permanent Order at 3:25), 285 files have been returned to respondent’s clients. (Ramirez Decl. ¶ 17.) 3,605 client files remain in the State Bar’s possession. (Ramirez Decl. ¶ 17.) Of the remaining files, 2,574 files are for non-criminal cases and 1,031 files are for criminal cases. (Ramirez Decl. ¶ 17.) Many of the client files originated in the 1980s and 1990s. (Ramirez Decl. ¶ 16.)

Business and Professions Code § 6190.6 provides, “Upon motion duly made by any interested party, the court may terminate the proceedings.”

Based on the foregoing, the State Bar has reasonably attempted to notify respondent’s clients that it was in possession of their client files and to deliver the files to them. Considering the State Bar’s attempts for notification and delivery, the State Bar’s request for authorization to destroy respondent’s client files for non-criminal cases that remain in its possession after March 18, 2024 is reasonable. For criminal cases, as proposed, the State Bar will retain possession of the client files indefinitely until the clients consent to their destruction. The State Bar will have the option of converting the physical file for such criminal cases to electronic form.

The motion is GRANTED. The State Bar and its designees are discharged from the duties set forth in the March 18, 2022 orders. The Court’s jurisdiction over respondent’s law practice is terminated. The Court enters the proposed order lodged by the State Bar.