Ricardo Torres II Sentenced to Probation for Embezzling From Clients...Disbarred Attorney Sentenced to Prison for Laundering Money for Gang Leader...Referees Sobel, Stevenson Retire From Los Angeles Superior Court

Judges, Lawyers Under Scrutiny

Ricardo Torres II
Disbarred Los Angeles Attorney

Torres, a onetime rising star in local politics, was sentenced by Los Angeles Superior Court Judge George Lomelli to five years probation, on conditions including 300 hours of community service, after pleading guilty to violating Penal Code Sec. 506 by misappropriating client funds.

The plea was based on the same incident that resulted in Torres’ disbarment. Torres reached a stipulation with State Bar prosecutors June 3, 2011 in which he agreed to be disbarred for taking almost $90,000 from clients who were seriously injured by a drunk driver in 2005. The State Bar said Torres last month paid nearly $100,000 in restitution, including interest, to the Client Security Fund.

A candidate for the state Assembly and the Los Angeles City Charter Commission in separate 1997 elections, Torres is the son of retired Los Angeles Superior Court Judge Ricardo A. Torres, a former presiding judge, and is a nephew of the late Los Angeles Superior Court Commissioner William Torres.

David Tamman
Attorney

Tamman, a former securities partner at Nixon Peabody LLP, faces sentencing Feb. 11 after he was convicted Nov. 13 in U.S. District Court of al 10 counts of an indictment charging him with obstructing a Securities and Exchange Commission investigation into whether one of the firm’s former clients was running a Ponzi scheme.

Following a two-week bench trial, Tamman was found guilty by Judge Philip Gutierrez of the Central District of California of one count of conspiring to obstruct justice, five counts of altering documents, one count of being an accessory after the fact to his client’s mail and securities fraud crimes, and three counts of aiding and abetting the client’s false testimony before the SEC.

Tamman 2011 sued Nixon Peabody in Los Angeles Superior Court, contending he was “thrown under the bus” by the firm. That action was stayed in June by Judge Maureen Duffy-Lewis, pending the outcome of the federal prosecution.

Tamman’s interim suspension from the State Bar is scheduled to take effect Feb. 18.

John Haw
Suspended Attorney

Haw, an attorney and former construction manager for Huntington Memorial Hospital in Pasadena, faces sentencing Feb. 4 following his Nov. 21 plea of guilty to federal mail fraud charges.

Haw admitted before U.S. District Judge Percy Anderson of the Central District of California that he had committed two counts of mail fraud and participated in an illegal kickback scheme. Prosecutors said Haw paid more than $56,000 to an entity controlled by Huntington’s then-director of construction, who was previously sentenced to three years in prison.

Haw’s plea agreement contemplates a sentence of approximately one year, prosecutors said.

The Office of Chief Trial Counsel notified the State Bar Court on Dec. 19 that it will seek an order of summary disbarment once Haw’s conviction becomes final. Haw is currently under suspension from the State Bar for failure to pay dues.

Robert M.L. Baker III
Suspended Lawyer

Baker, owner of Robert M.L. Baker III Law Offices in Santa Monica, was sentenced to three years’ imprisonment for tax fraud on Dec. 3. Baker, 46, was also ordered by U.S. District Judge Otis D. Wright to pay $1,140,879 in restitution to the IRS and $916,000 in restitution to a victim for a total of $2,056,879.
Baker was placed interim suspension from the State Bar, pending finality of his conviction, in May of last year.

Isaac Guillen
Disbarred Attorney

Guillen was sentenced to seven years in prison Jan. 10, after having pled guilty to racketeering, money laundering, and conspiracy. Guillen, a onetime gang member who later became an honor student before working his way through UCLA Law School, admitted having delivered messages to and from a leaders of the Mexican Mafia and laundering more than $1 million from him.

Guillen agreed to be disbarred in 2010 after entering his plea, which was reportedly part of an agreement that included having the government pay $9,000 to relocate his family. He said he agreed to the plea after the gang leader threatened his family following the failure of businesses that Guillen had started in order to launder the gang’s money.

Judiciary: Vacancies, Appointments

Ninth U.S. Circuit Court of Appeals

There is one vacancy, in the seat of Judge Stephen Trott, who took senior status in 2004.

On Jan. 3, the president resubmitted the nomination of Los Angeles Superior Court Judge Beverly R. O’Connell to succeed Judge Valerie Baker Fairbank, who took senior status March 1 of last year. O’Connell was originally nominated Nov. 14 of last year and her confirmation hearing was held Dec. 12. She was rated “exceptionally well qualified,” the highest possible rating, by the American Bar Association.

There are no vacancies.

Second District

Justice Kathryn Doi Todd retired from Div. Two on Jan. 22. Justice Paul Coffee retired from Div. Six on Jan. 31 of last year.

Third District

There has been a vacancy since Tani Cantil-Sakauye became chief justice in January 2011. Those whose names have been sent to the Commission on Judicial Nominees Evaluation reportedly include San Joaquin Superior Court Judge George Abdallah and Sacramento Superior Court Judges Thadd Blizzard, Helena Gweon, David Abbott, David DeAlba and Kevin Culhane.

Seats in other districts are filled.

Los Angeles Superior Court

Three newly elected judges, all of whom were elected in last year’s June primary, were sworn in Jan. 7.

Judge Sean Coen succeeded Deborah Andrews, who opted not to seek re-election; Judge Eric Harmon succeeded Anita Dymant, who retired April 10; and Judge Andrea Thompson succeeded Judith Vander Lans, who retired July 31.

There are vacancies in the seats last held by Judge Rita Baird, who retired Dec. 30, 2011, and by seven judges who retired last year—Carl J. West, who stepped down Feb. 29; Gary Hahn, whose retirement was effective March 7; Rose Hom, who left office March 27, Joan Comparet-Cassani, who last day in office was May 11; Gary E. Daigh, who retired July 16; Lyle McKenzie Jr., who retired Sept. 8; and Charles Sheldon, whose last official workday was Nov. 21.

Judge Phillip Hickok is retiring in February. Judge Jan Greenberg Levine sat for the last time Dec. 21, and her retirement is effective Feb. 13.

Judge Dudley Gray sat for the last time Dec. 31 and is retiring Feb. 19.

Judge Diane Wheatley will sit for the last time on Feb. 28 and retire April 16.

Among those whose names have been sent to the JNE Commission as possible judicial appointees to the court are Deputy Alternate Public Defender Beverly Bourne; Superior Court Commissioners Robert Kawahara, Alan Rubin, Emma Castro, Jane Godfrey, Sharon Lewis Miller, Mark Zuckman, David Cowan, Lloyd Loomis, Dennis Mulcahy and Kenneth Taylor; Referee Terry Truong; Irvine attorney James L. Crandall; Deputy County Counsel Julie Ann Silva; Deputy Public Defenders Enrique Monguia, Lee W. Tsao and Johan ElFarrah; Deputy District Attorneys Kathleen Tuttle and Brentford Ferreira; Los Angeles attorney Douglas W. Stern; Glendale attorney Kenneth Wright; Court of Appeal staff attorneys Kenneth E. Roberson and Kim Nguyen; Los Angeles attorneys Timothy Martella and Angel Navarro; and Assistant U.S. Attorney Wesley Hsu.

The name of Ed Chau was sent to the commission prior to his election to the state Assembly.

Commissioner George Kalinski retired at the end of June. Commissioner Douglas Carnahan is retiring March 28.

Two referees retired this month—Robert Stevenson on Jan. 2 and Sherri Sobel on Jan. 26.

Retired Commissioner William Torres died Jan. 11.

Legislation of Interest to the Legal Community

The Legislature took the following action on bills of interest to the legal community in January.

•AB 61, by Assemblymember Mike Gatto, D-Los Angeles, which would preempt local laws barring parking at broken meters. The bill was referred to the Committee on Local Government Jan. 18.

•AB 65, by Assemblymember Katcho Achadjian, R-San Luis Obispo, and Assembly Speaker John Perez, D-Los Angeles, which would extend the rape-by-impersonation statute to include one who deceives the victim into believing the defendant is the victim’s fiancé, fiancée, or cohabitant. The bill was referred to the Committee on Public Safety Jan. 18.

•AB 140, by Assemblymember Roger Dickinson, D-Sacramento, which would supplement the definition of “undue influence” in both the Probate Code and the criminal elder abuse statutes. The bill was referred to the Judiciary and Aging committees Jan. 24.

•SB 55, by Sen. Jerry Hill, D-Palo Alto, which would establish requirements regarding installation of ignition interlock devices by repeat drunk drivers. The bill was referred to the Committee on Public Safety Jan. 10.

•SB 59, by Sen. Noreen Evans, D-Santa Rosa, which would extend the rape-by-impersonation statute to include one who deceives the victim into believing the defendant is the victim’s “intimate sexual partner.” The bill was referred to the Committee on Public Safety Jan. 17.