Intermittently, a lawyer should read the oath given upon admission to the practice of law. This will help remind the lawyer of his or her basic duties to clients and society. In California, the lawyer solemnly declares

“I solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of California, and that I will faithfully discharge the duties of an attorney and counselor at law to the best of my knowledge and ability. As an officer of the court, I will strive to conduct myself at all times with dignity, courtesy, and integrity.”

Lawyers have always had a duty to be honest and truthful pursuant to general ethical principles, as well as the State Bar Act. The newest version of the Rules of Professional Conduct, effective November 1, 2018, provides more specific guidance to lawyers relative to this duty. Rules 1.2.1, 1.6, 3.4, 4.1, 4.2, 4.3,7.1 through 7.5, and 8.4 are all implicated in this duty, as well as Business & Professions Code (“B&P”) sections 6068(d), 6106, and 6128, among others. This discussion will focus on the B&P Code sections, violations of which constitute cause for disbarment or other State Bar sanction, including but not limited to suspension, fines, and re-taking the Professional Responsibility examination.

What’s included in the CRPC?

These rules outline the ethical responsibilities and standards that attorneys must adhere to in their practice. Please note that rules and regulations can change, so it’s important to refer to the latest official sources I’ve linked prior for the most up-to-date information. 

Lawyers are required to be truthful not only in dealing with the court and parties in litigation, but also in transactional matters and document preparation. Violations by a lawyer of these requirements can result in not only liability in tort — to one’s own client as well as opposing parties and counsel — but also in State Bar discipline.

Here are the primary areas of interest for the rules: 

Rule 1.1 Competence (Rule 1.1 – Competence): Attorneys must provide competent representation to their clients, which includes maintaining the necessary legal knowledge and skill. 

Rule 1.2.1 Advising or Assisting the Violation of Law  In fact, rule 1.2.1(b)(1) explicitly provides that a lawyer “may…discuss the legal consequences of any proposed course of conduct with the client.” 

Rule 1.3 Duty to client (Rule 1.3 – Diligence): Attorneys must act with reasonable diligence and promptness in representing their clients. 

Rule 1.4 Duty of communication (Rule 1.4 – Communication): Attorneys must keep clients reasonably informed about the status of their case and promptly respond to their reasonable requests for information. 

Rules 1.5 Fees (Rule 1.5 – Fees): Attorneys must communicate their fees clearly and must not charge unreasonable fees. Contingent fee arrangements and fee-sharing arrangements are also governed by this rule. 

Rules 1.6 Confidentiality Of Information. Confidentiality (Rule 1.6 – Confidentiality of information): Attorneys must maintain the confidentiality of client information, subject to certain exceptions. 

Rule 1.7 Conflicts of interest (Rule 1.7 – Conflict of interest: General rule): Attorneys must not represent a client if there is a concurrent conflict of interest. They also have to avoid situations that could lead to conflicts of interest. 

Rule 1.9 Duties to former clients (Rule 1.9 – Duties to former clients): Attorneys must avoid conflicts of interest that arise from their previous representation of clients. 

Rule 3.1(a) prohibits an attorney from bringing or continuing an action, conducting a defense, asserting a position in litigation, or taking an appeal, “without probable cause and for the purpose of harassing or maliciously injuring any person”; or from presenting a claim or defense in litigation “that is not warranted under existing law, unless it can be supported by a good faith argument for an extension, modification, or reversal of the existing law.”
Rule 3.1(a) adds considerations of probable cause, harassment or malicious injury, and good faith to help an attorney determine the ethical contours of advocacy on behalf of a client. By its reference to probable cause and good faith, rule 3.1 reminds attorneys that they must always consider their duties to the justice system as well as their obligations to a client. Moreover, by its reference to harassment and malicious injury,
rule 3.1 emphasizes the importance of attorneys conforming their conduct with opposing parties and counsel within certain ethical limitations.[6]

Rule 3.3 Candor to the tribunal (Rule 3.3 – Candor toward the tribunal): Attorneys must be honest and forthright in their communications with courts and tribunals, including disclosing legal authority that is directly adverse to their client’s position.

Rule  3.3(a)(1) provides that a lawyer shall not knowingly “make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer.”

Rules 3.4  section c a lawyer shall NOT falsify evidence, counsel or assist a witness to testify falsely, or offer an inducement to a witness that is prohibited by law; Duties to the legal system (Rule 3.4 – Fairness to opposing party and counsel): Attorneys must not obstruct access to evidence, engage in frivolous litigation, or make false statements of law or fact to a tribunal. 

Rule 4.1 prohibits a lawyer from making a false statement of fact or law to a third person
Rules 4.1 (a) make a false statement Truthfulness in statements to others (Rule 4.1 – Truthfulness in statements to others): Attorneys must not make false statements of material fact or law to third parties, which includes other lawyers, clients, and the general public. 

Rules 4.2 “No Contact” Rule Prohibiting Communication with a Represented Person Without that Person’s Lawyer’s Consent

Rules 4.3  Transactions With Persons Other Than Clients

Rules 7.1 (a) A lawyer shall not make a false or misleading communication about the lawyer or the lawyer’s services.

Rules 7.3 A lawyer shall not solicit professional employment

Rules 7.4 A lawyer shall not state that the lawyer is a certified specialist in a particular field of law, unless: (1) the lawyer is currently certified as a specialist in that field.

Rule 8.3 requires attorneys to report any lawyer who commits a criminal act, engages in fraud, misappropriates funds or property, or engages in conduct involving “dishonesty”

Rule 8.4 – Misconduct – Cal. R. Prof’l. Cond. 8.4 

Rule 8.4.1 Prohibited Discrimination, Harassment and Retaliation

Rule 8.4.2 defines incivility as “significantly unprofessional conduct that is abusive or harassing and shall be determined on the basis of all the facts and circumstances surrounding the conduct.”

Bus. & Prof. Code § 6067 – Questions regarding the legal ethical “duty of competence” can arise when law firms outsource legal work to freelance/contract attorneys.  Section 6067 of the California Business & Professions Code recites the attorney’s oath “to faithfully discharge the duties of an attorney at law to the best of his knowledge and ability.” California Rule of Professional Conduct 3-110 requires that an attorney perform legal services “competently,” which the Rule defines as “diligently to apply the learning and skill necessary to perform the member’s duties arising from employment or representation.”  Further, the discussion section of Rule 3-110 states, “The duties set forth in rule 3-110 include the duty to supervise the work of subordinate attorneys and non-attorney employees or agents.”

Bus. & Prof. Code § 6067. Every person on his admission shall take an oath to support the Constitution of the United States and the Constitution of the State of California, and faithfully to discharge the duties of any attorney at law to the best of his knowledge and ability. A certificate of the oath shall be indorsed upon his license.

Bus. & Prof. Code § 6068 contains a long list of an attorney’s duties: “It is the duty of an attorney to do all of the following: (d) to employ, for the purpose of meeting the causes confided to him or her those means only as are consistent with truth, and never to seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law. (Emphasis added.)

Bus. & Prof. Code § 6068(a) (c) and (d) and the related rules discussed in this article provide guidance to assist attorneys in finding their way through difficult ethical decisions faced in the practice of law. The ethical restraint on unbridled advocacy also has the salubrious effect of making attorneys better advocates for their clients because it encourages creative thinking and “out-of-the-box” analysis that otherwise might be overlooked. It is important to remember that just because something can be done, it does not follow that it should. This is the basic truth of ethical zealous advocacy that all California attorneys are duty-bound to heed in their advocacy on behalf of their clients and as officers of the court.

Bus. & Prof. Code § 6068(c) A second foundational duty is found in Bus. & Prof. Code § 6068(c) which provides it is a duty of an attorney “to counsel or maintain those actions, proceedings, or defenses only as appear to him or her legal or just except the defense of a person charged with a public offense.”[5] Again, an attorney may not counsel a client to file a civil claim or action unless the attorney independently believes that claim or action is legal or just. An examination of the related RPC is helpful in fleshing out and understanding this duty.

Bus. & Prof. Code § 6068 identifies several important duties to the justice system imposed on all California attorneys. In general, these duties require an attorney not only to consider their client’s directives and interests but also to undertake an independent ethical evaluation of their conduct or proposed course of action on behalf of a client to ensure it falls within the limits imposed on their advocacy by the applicable ethical laws and rules.

Bus. & Prof. Code § 6068 identifies several important duties to the justice system imposed on all California attorneys. In general, these duties require an attorney not only to consider their client’s directives and interests but also to undertake an independent ethical evaluation of their conduct or proposed course of action on behalf of a client to ensure it falls within the limits imposed on their advocacy by the applicable ethical laws and rules.

First, paragraph (a) of § 6068 provides that it is a duty of an attorney to “support the Constitution and laws of the United States and of this state.”[4] This is a foundational attorney duty that seeks to ensure that any conduct or advocacy by an attorney on behalf of a client does not contravene the Constitution and laws of the federal government or California. While § 6068(a) seems to merely be a straightforward duty to obey the law, there is much more in view. This is evident when one examines the related RPC.

Bus. & Prof. Code § 6068(d) states: “The commission of any act involving moral turpitude, dishonesty, or corruption whether the act is committed in the course of his relations as an attorney, and whether the act is a felony or misdemeanor or not, constitutes a cause for disbarment or suspension.” (Emphasis added.) “Moral turpitude” has been defined by the California Supreme Court as “anything done contrary to justice or honesty.” See Bryant v. State Bar of California (1942) 21 Cal.2d 285.

Bus. & Prof. Code § 6128 states: “Every attorney is guilty of a misdemeanor who either: Is guilty of any deceit or collusion, or consents to any deceit or collusion, with intent to deceive the court or any party.

 (a) Any person who engages, has engaged, or proposes to engage in
unfair competition shall be liable for a civil penalty not to exceed
two thousand five hundred dollars ($2,500) for each violation, which
shall be assessed and recovered in a civil action brought in the name
of the people of the State of California by the Attorney General, by
any district attorney, by any county counsel authorized by agreement
with the district attorney in actions involving violation of a
county ordinance, by any city attorney of a city, or city and county,
having a population in excess of 750,000, with the consent of the
district attorney, by a city prosecutor in any city having a
full-time city prosecutor, or, with the consent of the district
attorney, by a city attorney in any city and county, in any court of
competent jurisdiction.

Related Laws: CLRA, ARL, and FTC Act

There are a few other related statutes that California consumers should be aware of when deciding whether to file a UCL claim.

CLRA Claims

Unfair Competition Law claims are often accompanied by claims under the California Consumers Legal Remedies Act (CLRA). The CLRA is more limited than the UCL because the CLRA includes protections for specific actions by businesses, whereas the UCL applies broadly to business fraud. It may be in the best interests of a plaintiff to bring a claim under both statutes because the remedies are cumulative. Beyond that, only the CLRA allows for punitive damages to be imposed against the defendant. Additionally, the CLRA allows plaintiffs to recover attorney’s fees.

ARL Claims

It is also possible for California consumers to use the Unfair Competition Law to bring a private civil action against companies that violate California’s automatic renewal laws. This is significant because the California ARL does not allow for a private right of action, which means that consumers who are deceived into signing up for an auto-renewal subscription may still be able to sue for full restitution under the UCL.

Federal Laws

There are also federal laws, such as the Federal Trade Commission Act (FTC Act), that protect California consumers against business fraud and false advertising. One advantage for plaintiffs filing a UCL claim is that the state statute has broad consumer protections that go beyond the protections provided under federal law.

Keep in mind that defendants may argue that more lenient federal law should apply in a particular case instead of the stringent California state law. That’s why it is important to have a skilled Los Angeles false advertising attorney on your side throughout the case. source

ATTORNEY’S OBLIGATION TO SELF-REPORT

State Bar Act

The California State Bar Act is found within the Business & Professions Code at sections 6000 through 6243. 

The State Bar Act does a lot of essential things, including establishing and maintaining the State Bar itself. That said, it also contains important ethical mandates on topics like the unlawful practice of law, fee agreements, and advertising rules for lawyers. 

As an important aside, the State Bar Act covers some of the same topics as the CRPC, including advertising. That’s why it is absolutely critical for California legal professionals to be familiar with all of the statutory schemes regulating their practice and to get in the habit of consulting each set of rules before acting. 

What specifics are included in the California State Bar Act? 

The California State Bar Act is codified in the California Business and Professions Code, specifically in Title 4, Division 3. Some of the key aspects and functions governed by the California State Bar Act include: 

• Regulation: The Act grants the State Bar regulatory authority over the legal profession in California. This includes the establishment of rules of professional conduct that lawyers must follow, investigation of complaints against attorneys, and discipline for ethical violations. 
• Discipline: The Act provides the State Bar with the authority to investigate complaints of attorney misconduct and, if necessary, to take disciplinary actions against attorneys found to have violated ethical rules or engaged in unethical behavior. 
• Board of trustees: The Act establishes the Board of Trustees of the State Bar of California. This governing body is responsible for overseeing the State Bar’s operations, setting policy, and ensuring compliance with the law. 
• Consumer protection: One of the primary objectives of the State Bar is to protect the public from unethical or incompetent attorneys. The Act outlines how the State Bar fulfills this mission through regulation, investigation, and disciplinary actions. 
• Access to justice: The Act may include provisions related to promoting access to justice, diversity in the legal profession, and other matters that are relevant to the legal community and the public. 

Additional statutes

These other statutes tend to be highly specific, such as Civil Code Section 55.55, which regulates attorney fees and costs in construction-related accessibility claims. 

While listing these various statutes is beyond the scope of this article, legal professionals would be wise to review and keep a copy of the State Bar’s 294-page statutory anthology titled “Selected Statutes on Discipline and Duties of Licensees.” 

California rules of court 

Among other things, these rules do things like prescribe the oath an attorney must take in order to be admitted to the California Bar (and note, the language prescribed here is “in addition to” the oath language already provided in Business & Professions Code section 6067). 

The Rules of Court also set forth the procedures for attorney disciplinary hearings (Rules 9.10 – 9.23), define Certified Legal Specialists (Rule 9.35), and regulate pro hac vice appearances (Rule 9.40). 

Formal ethics opinions 

These are formal opinions issued by the State Bar’s Committee on Professional Responsibility and Conduct. They seek to answer some of the most pressing ethical issues of the day. 

Note that these opinions are not binding on any court. Nonetheless, they are often cited in California Appellate Court and California Supreme Court decisions and carry great weight with judges. 

In case this seems like a pretty straightforward way to research ethical issues, you’d best hold on to your hat. The bar associations of some California counties (specifically, San Francisco, Los Angeles, Orange, and San Diego) publish their own ethics opinions which can be useful when trying to navigate ethical dilemmas arising in any part of the state. 

Helpful resources 

It is, but fortunately, the California State Bar seems to recognize as much. The bar publishes some incredibly useful resources that consolidate many of the above sources into one place. Here are our favorites: 

• Publication 250. Among other things, Publication 250 includes the California Rules of Court, the State Bar Act, and other relevant statutes. Note that this resource is intended to be used in addition to the CRPC. 
• California Compendium on Professional Responsibility. This is a three-volume reference manual dealing solely with issues of ethics in California. It contains: 
• All of the state and county ethics opinions referenced above; 
• The Publication 250 Book; 
• The California Code of Judicial Conduct; and 
• A subject matter research index. This is particularly useful when the rules on a given topic (e.g., advertising) are found across multiple sources. 

Fortunately, this 514-page research compendium is also available online and serves as a great starting place for ethical research. 

The ethical rules for lawyers outlined in the California Rules of Professional Conduct are complex, scattered across multiple publications, and constantly evolving. Nonetheless, there’s almost nothing more important that you can do for your practice than to know and understand the rules and the various places they’re found. 

To make things easier for you the next time an ethical issue arises in your firm, feel free to bookmark the above links. You’ll be glad you did.  source

case law sources

1. See, e.g., Hawk v. Sup.Ct. (People) (1974) 42 Cal.App.3d 108, 126.
2. In re Marriage of Davenport (2011) 194 Cal.App.4th 1507, 1537.
3. See Rule of Professional Conduct, rule 1.0(a).
4. See also Bus. & Prof. Code § 6067, which sets for the attorney’s oath “to support the Constitution of the United States and the Constitution of the State of California, and faithfully to discharge the duties of any attorney at law to the best of his knowledge and ability.”
5. The ethical limits in a criminal proceeding (or a proceeding that could result in incarceration, or involuntary commitment or confinement) are beyond the scope of this article and differ in important ways from the civil context. For instance, RPC rule 3.1(b) provides a lawyer for the defendant may defend the proceeding by requiring that every element of the case be established. This is not true in civil actions as discussed herein.
6. Attorneys would be well-served to remember that civility, courtesy, and cooperation with opposing parties and their counsel will not diminish the effectiveness of their ethical zealous advocacy.
7. See, e.g., Hawk v. Sup.Ct. (People) (1974) 42 Cal.App.3d 108, 126.
8. In re Marriage of Davenport (2011) 194 Cal.App.4th 1507, 1537.
9. See Rule of Professional Conduct, rule 1.0(a).
10. See also Bus. & Prof. Code § 6067, which sets for the attorney’s oath “to support the Constitution of the United States and the Constitution of the State of California, and faithfully to discharge the duties of any attorney at law to the best of his knowledge and ability.”
11. The ethical limits in a criminal proceeding (or a proceeding that could result in incarceration, or involuntary commitment or confinement) are beyond the scope of this article and differ in important ways from the civil context. For instance, RPC rule 3.1(b) provides a lawyer for the defendant may defend the proceeding by requiring that every element of the case be established. This is not true in civil actions as discussed herein.
12. Attorneys would be well-served to remember that civility, courtesy, and cooperation with opposing parties and their counsel will not diminish the effectiveness of their ethical zealous advocacy.

• read more:
• The Attorney’s Sworn Oath
• “Civility” Oath Rule Adopted by Supreme Court
• Lawyers’ Obligation of Candor to Opposing Parties and Third Parties
• Code of Conduct for United States Judges
• Suing for Misconduct – Know More of Your Rights
• Other Topics
• California Supreme Court Rules: Text Messages Sent on Private Government Employees Lines Subject to Open Records Requests
• City of San Jose v. Superior Court – Releasing Private Text/Phone Records of Government  Employees
• Employer$ Beware: La $upreme Court Open$ Line for Direct Negligence Claim$ from Employee Action$​
• Malicious Prosecution / Prosecutorial Misconduct – Know What it is!
• New Supreme Court Ruling Makes it easier to Sue PROSECUTORS & POLICE
• ABA – Functions and Duties of the Prosecutor – Prosecution Conduct

Professional Responsibility in Client Representation – A Re-Evaluation

RULES OF PROFESSIONAL CONDUCT

Rule 1.1 – Competence (DA REPRESENTS THE STATE)

Rule 1.2 – Assisting in a Crime

Rule 3.1 – Meritorious Claims & Contentions

Rule 3.4 – Fairness to Opposing Party and Council

Model Rule 3.8 pt.2 – Special Duties of Prosecutors

Learn More: ABA – Functions and Duties of the Prosecutor – Prosecution Conduct

Model Rule 4.1 – Truthfulness in Statements to Others

Model Rule 4.4 – Respect for the Rights of Others

Model Rule 5.2 Responsibilities of a Subordinate Lawyer

Model Rule 8.1 Bar Admission & Disciplinary Matters

Model Rule 8.2 – Judicial & Legal Officials

Model Rule 8.3 – Reporting Professional Misconduct

Model Rule 8.4 pt.1 – Lawyer Misconduct

ABA Formal Op. 493 pt.1 – Rule 8.4(g): Purpose, Scope & Application

Model Rule 8.4 pt.2 – Discrimination & Harassment

Attorney Ethics Rules – FOX 17 Know the Law

​

More In Depth

Rule 1.2.1 Advising or Assisting the Violation of Law 

• (a) A lawyer shall not counsel a client to engage, or assist a client in conduct that the lawyer knows* is criminal, fraudulent,* or a violation of any law, rule, or ruling of a tribunal.*
• (b) Notwithstanding paragraph (a), a lawyer may:
  1. (1) discuss the legal consequences of any proposed course of conduct with a client; and
  2. (2) counsel or assist a client to make a good faith effort to determine the validity, scope, meaning, or application of a law, rule, or ruling of a tribunal.*

Comment

• [1] There is a critical distinction under this rule between presenting an analysis of legal aspects of questionable conduct and recommending the means by which a crime or fraud* might be committed with impunity. The fact that a client uses a lawyer’s advice in a course of action that is criminal or fraudulent* does not of itself make a lawyer a party to the course of action.
• [2] Paragraphs (a) and (b) apply whether or not the client’s conduct has already begun and is continuing. In complying with this rule, a lawyer shall not violate the lawyer’s duty under Business and Professions Code section 6068, subdivision (a) to uphold the Constitution and laws of the United States and California or the duty of confidentiality as provided in Business and Professions Code section 6068, subdivision (e)(1) and rule 1.6. In some cases, the lawyer’s response is limited to the lawyer’s right and, where appropriate, duty to resign or withdraw in accordance with rules 1.13 and 1.16.
• [3] Paragraph (b) authorizes a lawyer to advise a client in good faith regarding the validity, scope, meaning or application of a law, rule, or ruling of a tribunal* or of the meaning placed upon it by governmental authorities, and of potential consequences to disobedience of the law, rule, or ruling of a tribunal* that the lawyer concludes in good faith to be invalid, as well as legal procedures that may be invoked to obtain a determination of invalidity.
• [4] Paragraph (b) also authorizes a lawyer to advise a client on the consequences of violating a law, rule, or ruling of a tribunal* that the client does not contend is unenforceable or unjust in itself, as a means of protesting a law or policy the client finds objectionable. For example, a lawyer may properly advise a client about the consequences of blocking the entrance to a public building as a means of protesting a law or policy the client believes* to be unjust or invalid.
• [5] If a lawyer comes to know* or reasonably should know* that a client expects assistance not permitted by these rules or other law or if the lawyer intends to act contrary to the client’s instructions, the lawyer must advise the client regarding the limitations on the lawyer’s conduct. (See rule 1.4(a)(4).)
• [6] Paragraph (b) permits a lawyer to advise a client regarding the validity, scope, and meaning of California laws that might conflict with federal or tribal law. In the event of such a conflict, the lawyer may assist a client in drafting or administering, or interpreting or complying with, California laws, including statutes, regulations, orders, and other state or local provisions, even if the client’s actions might violate the conflicting federal or tribal law. If California law conflicts with federal or tribal law, the lawyer must inform the client about related federal or tribal law and policy and under certain circumstances may also be required to provide legal advice to the client regarding the conflict (see rules 1.1 and 1.4).

In fact, rule 1.2.1(b)(1) explicitly provides that a lawyer “may…discuss the legal consequences of any proposed course of conduct with the client.” 

comment [1] However, in providing counseling, an attorney must walk a fine line. As pointed out in comment [1] of rule 1.2.1, there is a critical distinction between presenting an analysis of questionable conduct and recommending how a crime or fraud might be committed with impunity. Thus, harmonizing the needs of the client with the integrity of the justice system is realized when an attorney acts within the ethical limits of advocacy outlined by law and the RPC.

Rule 1.2.1(a) and (b)(2) expands on the duty set forth in § 6068(a). It states that a lawyer “shall not counsel a client to engage or assist a client in conduct that the lawyer knows is criminal, fraudulent, or a violation of any law, rule, or ruling of a tribunal” except that the lawyer may “counsel or assist a client to make a good faith effort to determine the validity, scope, meaning, or application of a law, rule or ruling of a tribunal.” By prohibiting a lawyers counseling or assisting a client in criminal, fraudulent or unlawful conduct, rule 1.2.1 emphasizes that an attorney’s advocacy must include independent considerations beyond the directives and goals of a client. Moreover, an attorney is not required to simply walk away from a client in such a situation but instead may assist the client to understand the valid scope, meaning and application of the law at issue. In fact, rule 1.2.1(b)(1) explicitly provides that a lawyer “may…discuss the legal consequences of any proposed course of conduct with the client.” That is, the attorney can guide a client away from errant objectives through a better understanding of the law as well as help the client find a remedy that will serve their interests through valid and good faith application of law. Put another way, an attorney is authorized to counsel a client “off the ethical ledge” if they appear to have a criminal or fraudulent objective.

However, in providing counseling, an attorney must walk a fine line. As pointed out in comment [1] of rule 1.2.1, there is a critical distinction between presenting an analysis of questionable conduct and recommending how a crime or fraud might be committed with impunity. Thus, harmonizing the needs of the client with the integrity of the justice system is realized when an attorney acts within the ethical limits of advocacy outlined by law and the RPC. source

Cal. R. Prof’l. Cond. 3.4

A lawyer shall not:

• (a) unlawfully obstruct another party’s access to evidence, including a witness, or unlawfully alter, destroy or conceal a document or other material having potential evidentiary value. A lawyer shall not counsel or assist another person* to do any such act;
• (b) suppress any evidence that the lawyer or the lawyer’s client has a legal obligation to reveal or to produce;
• (c) falsify evidence, counsel or assist a witness to testify falsely, or offer an inducement to a witness that is prohibited by law;
• (d) directly or indirectly pay, offer to pay, or acquiesce in the payment of compensation to a witness contingent upon the content of the witness’s testimony or the outcome of the case. Except where prohibited by law, a lawyer may advance, guarantee, or acquiesce in the payment of:
  • (1) expenses reasonably* incurred by a witness in attending or testifying;
  • (2) reasonable* compensation to a witness for loss of time in attending or testifying; or
  • (3) a reasonable* fee for the professional services of an expert witness;
• (e) advise or directly or indirectly cause a person* to secrete himself or herself or to leave the jurisdiction of a tribunal* for the purpose of making that person* unavailable as a witness therein;
• (f) knowingly* disobey an obligation under the rules of a tribunal* except for an open refusal based on an assertion that no valid obligation exists; or
• (g) in trial, assert personal knowledge of facts in issue except when testifying as a witness, or state a personal opinion as to the guilt or innocence of an accused.

Cal. R. Prof'l. Cond. 3.4

Rule 8.4.1 Prohibited Discrimination, Harassment and Retaliation

Rule 8.4 – Misconduct – Cal. R. Prof’l. Cond. 8.4 

It is professional misconduct for a lawyer to:

• (a) violate these rules or the State Bar Act, knowingly* assist, solicit, or induce another to do so, or do so through the acts of another;
• (b) commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects;
• (c) engage in conduct involving dishonesty, fraud,* deceit, or reckless or intentional misrepresentation;
• (d) engage in conduct that is prejudicial to the administration of justice;
• (e) state or imply an ability to influence improperly a government agency or official, or to achieve results by means that violate these rules, the State Bar Act, or other law; or
• (f) knowingly* assist, solicit, or induce a judge or judicial officer in conduct that is a violation of an applicable code of judicial ethics or code of judicial conduct, or other law. For purposes of this rule, “judge” and “judicial officer” have the same meaning as in rule 3.5(c).

Cal. R. Prof'l. Cond. 8.4

Cal. Bus. & Prof. Code § 6068

It is the duty of an attorney to do all of the following:

• (a) To support the Constitution and laws of the United States and of this state.
• (b) To maintain the respect due to the courts of justice and judicial officers.
• (c) To counsel or maintain those actions, proceedings, or defenses only as appear to him or her legal or just, except the defense of a person charged with a public offense.
• (d) To employ, for the purpose of maintaining the causes confided to him or her those means only as are consistent with truth, and never to seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law.
• (e)
  • (1) To maintain inviolate the confidence, and at every peril to himself or herself to preserve the secrets, of his or her client.
  • (2) Notwithstanding paragraph (1), an attorney may, but is not required to, reveal confidential information relating to the representation of a client to the extent that the attorney reasonably believes the disclosure is necessary to prevent a criminal act that the attorney reasonably believes is likely to result in death of, or substantial bodily harm to, an individual.
• (f) To advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which he or she is charged.
• (g) Not to encourage either the commencement or the continuance of an action or proceeding from any corrupt motive of passion or interest.
• (h) Never to reject, for any consideration personal to himself or herself, the cause of the defenseless or the oppressed.
• (i) To cooperate and participate in any disciplinary investigation or other regulatory or disciplinary proceeding pending against himself or herself. However, this subdivision shall not be construed to deprive an attorney of any privilege guaranteed by the Fifth Amendment to the Constitution of the United States, or any other constitutional or statutory privileges. This subdivision shall not be construed to require an attorney to cooperate with a request that requires him or her to waive any constitutional or statutory privilege or to comply with a request for information or other matters within an unreasonable period of time in light of the time constraints of the attorney’s practice. Any exercise by an attorney of any constitutional or statutory privilege shall not be used against the attorney in a regulatory or disciplinary proceeding against him or her.
• (j) To comply with the requirements of Section 6002.1.
• (k) To comply with all conditions attached to any disciplinary probation, including a probation imposed with the concurrence of the attorney.
• (l) To keep all agreements made in lieu of disciplinary prosecution with the State Bar.
• (m) To respond promptly to reasonable status inquiries of clients and to keep clients reasonably informed of significant developments in matters with regard to which the attorney has agreed to provide legal services.
• (n) To provide copies to the client of certain documents under time limits and as prescribed in a rule of professional conduct which the board shall adopt.
• (o) To report to the State Bar, in writing, within 30 days of the time the attorney has knowledge of any of the following:
  • (1) The filing of three or more lawsuits in a 12-month period against the attorney for malpractice or other wrongful conduct committed in a professional capacity.
  • (2) The entry of judgment against the attorney in a civil action for fraud, misrepresentation, breach of fiduciary duty, or gross negligence committed in a professional capacity.
  • (3) The imposition of judicial sanctions against the attorney, except for sanctions for failure to make discovery or monetary sanctions of less than one thousand dollars ($1,000).
  • (4) The bringing of an indictment or information charging a felony against the attorney.
  • (5) The conviction of the attorney, including any verdict of guilty, or plea of guilty or no contest, of a felony, or a misdemeanor committed in the course of the practice of law, or in a manner in which a client of the attorney was the victim, or a necessary element of which, as determined by the statutory or common law definition of the misdemeanor, involves improper conduct of an attorney, including dishonesty or other moral turpitude, or an attempt or a conspiracy or solicitation of another to commit a felony or a misdemeanor of that type.
  • (6) The imposition of discipline against the attorney by a professional or occupational disciplinary agency or licensing board, whether in California or elsewhere.
  • (7) Reversal of judgment in a proceeding based in whole or in part upon misconduct, grossly incompetent representation, or willful misrepresentation by an attorney.
  • (8) As used in this subdivision, “against the attorney” includes claims and proceedings against any firm of attorneys for the practice of law in which the attorney was a partner at the time of the conduct complained of and any law corporation in which the attorney was a shareholder at the time of the conduct complained of unless the matter has to the attorney’s knowledge already been reported by the law firm or corporation.
  • (9) The State Bar may develop a prescribed form for the making of reports required by this section, usage of which it may require by rule or regulation.
  • (10) This subdivision is only intended to provide that the failure to report as required herein may serve as a basis of discipline.

source

California Code, Business and Professions Code – BPC § 2246

read more:

The Attorney’s Sworn Oath

“Civility” Oath Rule Adopted by Supreme Court

Lawyers’ Obligation of Candor to Opposing Parties and Third Parties

Code of Conduct for United States Judges

Suing for Misconduct – Know More of Your Rights

Other Topics

California Supreme Court Rules: Text Messages Sent on Private Government Employees Lines Subject to Open Records Requests

City of San Jose v. Superior Court – Releasing Private Text/Phone Records of Government  Employees

Employer$ Beware: La $upreme Court Open$ Line for Direct Negligence Claim$ from Employee Action$​

Malicious Prosecution / Prosecutorial Misconduct – Know What it is!

New Supreme Court Ruling Makes it easier to Sue PROSECUTORS & POLICE​

ABA – Functions and Duties of the Prosecutor – Prosecution Conduct

Learn More about property and your rights below:

Property Rights and the Constitution – The General Nature of Property Rights

Landlord’s Right to Entry in California

Rule 1.1 – Competence (DA REPRESENTS THE STATE)

Rule 1.2 – Assisting in a Crime

Rule 3.1 – Meritorious Claims & Contentions

Rule 3.4 – Fairness to Opposing Party and Council

Model Rule 3.8 pt.2 – Special Duties of Prosecutors

Learn More: ABA – Functions and Duties of the Prosecutor – Prosecution Conduct

Model Rule 4.1 – Truthfulness in Statements to Others

Model Rule 4.4 – Respect for the Rights of Others

Model Rule 5.2 Responsibilities of a Subordinate Lawyer

Model Rule 8.1 Bar Admission & Disciplinary Matters

Model Rule 8.2 – Judicial & Legal Officials

Model Rule 8.3 – Reporting Professional Misconduct

Model Rule 8.4 pt.1 – Lawyer Misconduct

ABA Formal Op. 493 pt.1 – Rule 8.4(g): Purpose, Scope & Application

Model Rule 8.4 pt.2 – Discrimination & Harassment

Attorney Ethics Rules – FOX 17 Know the Law

Review of Mark Reel Fathers Rights –

Law office’s of Reel Fathers Rights, APC

Mark Allen Reel  Cal Bar# 337182

Reviews of Reel Father’s Rights

we would never give Reel Father’s Rights any business. In our opinion even the name of the firm is designed to EMOTIONALLY grab a disappointed upset father’s attention, just imagine, they took their clients money, never did any work and got off the case for conflict of interest $5000 stolen by Mark Reel’s company Reel Father’s Rights!

Our Review is our opinion of the actions of Reel Father’s Rights.

Reel Father’s Rights should be avoided at all costs, unless you too wish to possibly have your money stolen by a slick compay that does NO WORK, removes themselves from the case on the first appearnance due to conflict of interest and then KEEPS THE MONEY ALSO.

I know personally after reading the email with the proof one of our readers sent in……. we began our investigation to review the law offices Reel Fathers Rights. Attorney at Reel Fathers Rights has received an extensive amount of bad reviews over the course of his online life which is well over a decade.  Although no one can guarentee the validity of any review one can use logic.  An opinion based on the acculation of bad reveiws that are well hidden would show a preponderance of similar bahaviors. I personally don’t mind a bad review here and there but if there is a pattern I should account for that as well.  Money is hard to make for most, use you head make wise decisions hire this guy if you want to, its all up to you! 

If over the course of over a decade a horse is seen with stripes… maybe its a Zebra.  

Attorneys’ for Reel Fathers Rights Reviewed and observed over the years has lead to a slew of findings. Our review and review of Reel Fathers Rights, Owner Mark Reel, the lawyers’ firm who has a history…. one of our readers experienced his behavior and our opinion is that he is malicious and has deviant like behavior. honesty is not his best policy from observing how our reader was treated and reviews serveral of Reel Fathers Rights reviews over the last decade. Over the last decade Reel Fathers Rights has aquired a similar patter of behavior with a vast amount of reviewers over an extended period of time which in our opinion is a pattern of behavior that we would wish to avoid,  so we wont be hiring him any time soon!

Is Reel Father’s Rights a good attorney for you? probable not, unless you want to do business with con artists that don’t do work but keep the money

Review of Reel Father’s Rights Lawyers – Stooge status in our opinion 

 REEL fathers rights attorney Law Firm Reviews

Markk REEL, of Reel father’s Rights is in our opinion a REAL FATHER’S RIGHTS SIMP SCAM in our opinion. Mark Reel’s Reel Father’s Rights did not do the duty! the did NO WORK, KEPT THE $ MONEY and never did any work.

The client was frauded and robbed by Mark Reel’s Company, Reel Fathers Rights!

Reel Father’s Rights Reviews

HIS BROKE LOOKING CHEAP IKEA LOOKING CUBICLES! SEE THE BIG LONG TABLES AND HUGE GLASS VIEW IN THE CONFERENCE ROOM? ME NEITHER!
ALL I SEE IS A TINY ROOM WITH IKEA LIKE SHIT FURNITURE ! NOTHING MUCH

Mark Reel’s attorney law firm for father’s rights is a scam. they do not do their work. the pray on fathers who want justice. Reel Father’s Rights law firm is a scam. They target hopeful fathers using the psychology of preying on angry or hurt fathers by using a psychologically pleasing name to a father in such a position “Reel Father’s Rights”

Reel Father’s Rights Review

our experience with Reel Father’s Rights was less than stellar. after the experience we realized that the positive reviews that Reel Father’s Rights has is most likely fake in our honest opinion.  Check out the females leaving reviews, and all of those women leaving reviews have only left 1 review in their life, and it happened to be Reel Father’s Rights? A FATHERS ONLY LAW FIRM as JESSE IS CLEARLY RECORDED SAYING “WE ONLY WORK WITH FATHERS, MEN ONLY! WE DON’T HELP MOTHER’S”

interesting that Reel Father’s Rights has Jesse the deal signer hustler say such words on a recorded line, and have lots of reviews by women that have only left 1 review. so we got to thinking about Reel Father’s Rights and how much of a scam these guys could be running so we did some digging on this guy MARK REEL CEO of Reel Father’s Rights.

Reviews of the Law Firm for Father’s Rights Attorney – Reel Father’s Rights Review

after finding all the buried 1 star reviews you uncover the real MARK REEL and his operations at Reel Father’s Rights.

Reel Father’s Rights DID NOT WORK ON THE CASE THEY WERE HIRED FOR AT ALL ZERO ZILTCH! Our opinion of their Reel Father’s Rights law firm is the attorney’s there suck at Reel Father’s Rights

BOOKMARK THIS TAB. WE WILL BE ADDING A LOT TO DO WITH THIS MARK REEL FATHER’S RIGHTS FIRM REVIEW COMING SOON!

Reviews of the Law Firm for Father’s Rights Attorney – Reel Father’s Rights Review

JOIN US FOR PEACEFUL ASSEMBLY AT ALL LAWYERS WHO DO NOT OBEY THEIR OATH. KEEP THIS PAGE BOOKMARKED FOR THE UPCOMING DATES.
BRING WATER AND PREPARE FOR PEACEFUL DEMONSTRATION. REMEMBER NO BLOCKING STREET ACESS BE POLITE AND RESPECT EVERYONE!

Freedom of assembly

Reel Father;s Rights Lawyer’s Reviews

REVIEWS WE FOUND OF THE LAW OFFICES OF Reel Father’s Rights

, ALTHOUGH NO ONE CAN EVER BE SURE. A PATTERN OVER THE YEARS SHOULD BE NOTED WELL, AND THAT IS OUR OPINION! 

read REEL FATHER’S RIGHTS yelp reviews

CLICK HERE TO SEE THEM ON YELP

CHECK OUT THEIR GOOGLE REVIEWS

A fiduciary duty is a legal responsibility to act in the best interest of another party. The term “fiduciary” comes from the Latin word for trust, and a person with a fiduciary duty has a legal obligation to maintain that trust. For example, lawyers have a fiduciary duty to act in the best interest of their clients.

Fiduciary duties include duties of care, loyalty, good faith, confidentiality, prudence, and disclosure. The person with a fiduciary duty is known as the fiduciary, and the person or persons they are responsible to are referred to as the principal or the beneficiary.

A fiduciary relationship existed where the fiduciary owed a duty to the principal. The fiduciary acted in a manner that contradicted, or breached, their expected duties. The principal suffered damages. The damages incurred were a direct result of the breach of fiduciary duty.

The fiduciary duty of an attorney in California is to act in their client’s best interests and keep all information provided confidential.

What Constitutes a Breach of Fiduciary Duty in California?

A breach of fiduciary duty can sometimes be difficult to prove. For a breach of duty to have occurred, the defendant (i.e. attorney, consultant, investment broker, trustee) must have a fiduciary duty to the plaintiff. When there is a fiduciary duty to the plaintiff and the defendant did not act in the best interests of their client, a breach of fiduciary duty exists. https://goodshepherdmedia.net/what-is-a-fiduciary-duty-breach-of-fiduciary-duty/

The Lawyer’s Fiduciary Duties: “The 4 C’s”:

•  1. Communicate
  

  RLGL  §20 A Lawyer’s Duty to Inform and Consult with a Client

  • (1) A lawyer must keep a client reasonably informed about the matter and must consult with a client to a reasonable extent concerning decisions to be made by the lawyer…
  • (2) A lawyer must promptly comply with a client’s reasonable requests for information.
  • (3) A lawyer must notify a client of decisions to be made by the client…and must explain a matter to the extent reasonably necessary to permit the client to make informed decision regarding the representation.
    RPC 1.4 Communication
    • • (b) A lawyer shall keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information.
      • (c) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decision regarding the representattion.
         Rizzo v. Haines, 555 A.2d 58 (Pa. 1989). (duty to disclose settlement offers to client)
        FDIC v. Clark, 978 F.2d 1541 (10th Cir.1992) (duty to inform board of directors of a corporate officer’s fraud).

• 2. Conflict Avoidance (duty of loyalty)
  Maritrans v. Pepper Hamilton & Scheetz, 529 Pa. 241, 602 A.2d 1277 (1992)
  Matter of Silverman, 113 NJ 198 (1988) (doing business with clients)

• 3. Confidentiality Profit Sharing Trust v. Lampf Lipkind, 267 NJ Super 174 (Law Div. 1993)

• 4. Competence Starron v. Weinstein, 305 N.J.Super. 263, 701 A.2d 1325 

A fiduciary has several duties, The main liabilities for fiduciary of duties include:

• Duty of Care: The duty to take all due diligence in making decisions, providing counsel, or taking action.
• Duty to sensible care
• Duty of Total Loyalty: The duty of loyalty prevents a fiduciary from representing someone with a conflict in interests.
• Duty of Good Faith: Fiduciaries have a duty to obey the law in their dealings on the client’s behalf.
• Duty of Confidentiality: The fiduciary cannot disclose any information without the client’s consent.
• Duty of Prudence: Similar to the duty of care, the duty of prudence requires the fiduciary to take all due care in identifying risks and weighing options before taking action.
• Duty to Disclose: Fiduciaries must not withhold information that would affect the well-being of the client.

§49. Breach of Fiduciary Duty–Generally

In addition to the other possible bases of civil liability described in §§48 [professional negligence] 55[breach of contract and equitable relief] and 56 [liability to a non-client], a lawyer is civilly liable to a client if the lawyer breaches a fiduciary duty to the client set forth in §16(3) and if that failure is a legal cause of injury with the meaning of §53, unless the lawyer has a defense within the meaning of §54. 

§16  Lawyer’s Duties to a Client–Generally:

To the extent consistent with the lawyer’s other legal duties and subject to other provisions of this Restatement, a lawyer must, in matters within the scope of the representation:
(1) proceed in a manner reasonably calculated to advance a client’s lawful objectives, as defined by the client after consultation;
(2) act with reasonable competence and diligence;
(3) comply with obligations concerning the client’s confidences and property, avoid impermissible conflicting interests, deal honestly with the client, and not employ advantages arising from the client-lawyer relationship in a manner adverse to the client;
(4) fulfill valid contractual obligations to the client.

The California Rules of Professional Conduct also include:

• Rule 1.1 Competence: (a) A lawyer shall not intentionally, recklessly, with gross negligence, or repeatedly fail to perform legal services with competence.  For purposes of this rule, “competence” in any legal service shall mean to apply the (i) learning and skill, and (ii) mental, emotional, and physical ability reasonably* necessary for the performance of such service.
• Rule 1.3 Diligence : A lawyer shall not intentionally, repeatedly, recklessly or with gross negligence fail to act with reasonable diligence in representing a client.

• Rule 1.4 Communication with Clients (a) A lawyer shall: 
  (1) promptly inform the client of any decision or circumstance with respect to which disclosure or the client’s informed consent* is required by these rules or the State Bar Act;
  (2) reasonably* consult with the client about the means by which to accomplish the client’s objectives in the representation;
  (3) keep the client reasonably* informed about significant developments relating to the representation, including promptly complying with reasonable* requests for information and copies of significant documents when necessary to keep the client so informed; (b) A lawyer shall explain a matter to the extent reasonably* necessary to permit the client to make informed decisions regarding the representation.

• Rule 3-500: A member shall keep a client reasonably informed about significant developments relating to the employment or representation.
• Rule 4.1: A lawyer shall not make a false statement of fact or law to a third person.
• Rule 3-110: A member shall not intentionally, recklessly, or repeatedly fail to perform legal services with competence.
• Rule 3-700: A member shall not withdraw from employment in a proceeding before a tribunal without its permission.
• 6068(c). The ABA Model Rules of Professional Conduct, Rule 3.1 & 4.4, also impose a duty to the legal system which requires both that the attorney bring only meritorious claims and that they not use inappropriate means in the representation of their client that embarrass, burden, delay or violate legal rights. Barbara A. v. John G., 145 Cal.App.3d 369 (1983) (citing Herbert v. Lankershim, 9 Cal.2d 409, 483 (1937); Bacon v. Soule, 19 Cal.App. 428, 434 (1912)

In California, breach of fiduciary duty penalties includes civil remedies, civil penalties, and criminal penalties. If a breach of fiduciary duties was done with oppression, fraud, or malice (proven by clear and convincing evidence under California Civil Code § 3294) then the court may award punitive damages. According to California’s Code of Civil Procedure section 343, the statute of limitations for a breach of fiduciary duty is four years. And violates 15 U.S.C. 80a-35 – Breach of fiduciary duty and liabilities 29 U.S. Code § 1109 – Liability for breach of fiduciary duty. His responsibilities as well are §8477. Fiduciary responsibilities; liability and penalties.

WE HAVE RECORDED CONVERSATION WITH JESSE WHERE HE TELLS US WE DON’T TAKE FEMALE CASES. WE DO NOT HELP MOTHERS!

CHECK OUT THE REVIEW ABOVE? MUST BE FAKE. YOU CAN PAY FOR REVIEWS ITS EASY AND A FAST WAY TO BUILD A LIE

CHECK OUT HIS SHIT YOUTUBE CHANNEL https://www.youtube.com/@thefathersrightsattorney5717

HE HAS 2 VIDEOS AS OF THIS WRITE UP. ONE IS ABOUT RAPE AND NFL PLAYERS. SO 50% OF HIS 2 VIDEOS HAS NOTHING TO DO WITH FATHER RIGHTS. THE OTHER VIDEO IS ABOUT WHO PAYS WHOEVER HAS MORE MONEY THATS HOW HE THINKS LIKE A TRUE SHIT BAG $$$$$$$ TILL HE GOT YOURS!@

Lawyers, upon being licensed and admitted to the practice of law are under oath and have a duty to be truthful with the Court in all pleadings, appearances and interactions in their role as a lawyer with the Court.

List of Bar Rule Violations, Laws and Business & Professional Codes Lawyers’ often commit and break.

Here is the list of their attorney’s doings.

1. Rule 1.1 Competence – A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.
2. Rule 1.2.1 Advising or Assisting the Violation of Law
3. a) A lawyer shall not counsel a client to engage, or assist a client in conduct that the lawyer knows is criminal, fraudulent, or a violation of any law, rule, or ruling of a tribunal. HELPING CLIENTS LIE IS THAT!
4. Rule 1.3: Diligence – A lawyer shall act with reasonable diligence (careful and persistent work or effort.) and promptness in representing a client.
5. Rule 2.122. Conduct Towards Other Attorneys, the Court and Participants –
   (c) Filing of motions Motions should be filed sparingly, in good faith and when the issue(s) cannot be otherwise resolved. An attorney should not engage in conduct which forces opposing counsel to file a motion and then not oppose the motion, or provide information called for in the motion only after the motion is filed.
6. Rule 2.123 Candor to the Court and Opposing Counsel –
7. Accuracy of written and oral statements Attorneys should not knowingly misstate, misrepresent or distort any fact or legal authority to the Court or to the opposing counsel, and shall not mislead by inaction or silence. Written materials and oral argument to the Court should accurately state current law and fairly represent the party’s position without unfairly attacking the opposing counsel or opposing party.
8. 1 Meritorious Claims and Contentions

• A lawyer shall not:

1. bring or continue an action, conduct a defense, assert a position in litigation, or take an appeal, without probable cause and for the purpose of harassing or maliciously injuring any person; or
2. present a claim or defense in litigation that is not warranted under existing law, unless it can be supported by a good faith argument for an extension, modification, or reversal of the existing law.
3. Rule 3.3 Candor Toward the Tribunal
   (a) A lawyer shall not:

(1) knowingly* make a false statement of fact or law to a tribunal* or fail to correct a false statement of material fact or law previously made to the tribunal* by the lawyer;
(3) offer evidence that the lawyer knows* to be false. If a lawyer, the lawyer’s client, or a witness called by the lawyer, has offered material evidence, and the lawyer comes to know* of its falsity, the lawyer shall take reasonable

1. A lawyer who represents a client in a proceeding before a tribunal* and who knows* that a person* intends to engage, is engaging or has engaged in criminal or fraudulent* conduct related to the proceeding shall take reasonable* remedial measures to the extent permitted by Business and Professions Code section 6068, subdivision (e) and rule 1.6.
2. The duties stated in paragraphs (a) and (b) continue to the conclusion of the proceeding.

8. Rule 3.4 Fairness to Opposing Party and Counsel
9. suppress any evidence that the lawyer or the lawyer’s client has a legal obligation to reveal or to produce;
10. falsify evidence, counsel or assist a witness to testify falsely, or offer an inducement to a witness that is prohibited by law;
11. Rule 4.1 Truthfulness in statement to others

(a) make a false statement of material fact or law to a third person and also requires a lawyer to disclose a material fact to avoid assisting a client in a criminal or fraudulent act, subject to the lawyer’s duties under rule 1.6 and Business and Professions Code section 6068(e).

10. California Rule of Professional Conduct 5-200(B) prohibits lawyers from misleading a judge, judicial officer, or jury by artifice or false statement . Rule 5-200 also requires lawyers to use means that are consistent with truth.
11. Business and Professions Code § 6106 – Dishonesty, whether or not committed while acting as an attorney, is considered an act of moral turpitude and is prohibited.
12. California Code, Business and Professions Code – BPC § 6068

It is the duty of an attorney to do all of the following:

1. To support the Constitution and laws of the United States and of this state.
2. To maintain the respect due to the courts of justice and judicial officers.
3. To counsel or maintain those actions, proceedings, or defenses only as appear to him or her legal or just, except the defense of a person charged with a public offense.
4. To employ, for the purpose of maintaining the causes confided to him or her those means only as are consistent with truth, and never to seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law.
5. To advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which he or she is charged.
6. Not to encourage either the commencement or the continuance of an action or proceeding from any corrupt motive of passion or interest.
7. Business and Professions Code – BPC § 6067 – Every person on his admission shall take an oath to support the Constitution of the United States and the Constitution of the State of California, and faithfully to discharge the duties of any attorney at law to the best of his knowledge and ability.
8. Rule 8.3 Required Reporting – which requires a lawyer (including judges) to report certain misconduct by another lawyer. See RULE 8.3 REPORTING SCENARIOS
   SCENARIO 6: CREDIBLE EVIDENCE]
   https://calbar.ca.gov/Portals/0/documents/ethics/Rule-8-3-Scenarios.pdf
   On June 2, 2023, the court received a request from the State Bar of California to approve a version of rule 8.3 of the California Rules of Professional Conduct. The request was granted.
9. Rule 8.4 misconduct
   It is professional misconduct for a lawyer to:
   (b) commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects; PERJURY IS THAT, FILING FALSHOODS IN CHECKBOX ANSWER FORMS IS THAT!
   (c) engage in conduct involving dishonesty, fraud,* deceit, or reckless or intentional misrepresentation; PERJURY IS THAT, FILING FALSHOODS IN CHECKBOX ANSWER FORMS IS THAT!
   (d) engage in conduct that is prejudicial to the administration of justice; PERJURY IS THAT, FILING FALSHOODS IN CHECKBOX ANSWER FORMS IS THAT!
   (e) state or imply an ability to influence improperly a government agency or official, or to achieve results by means that violate these rules, the State Bar Act, or other law;
10. Rule 8.4.1 Prohibited Discrimination, Harassment and Retaliation

(4) “retaliate” means to take adverse action against a person* because that person* has (i) opposed, or (ii) pursued, participated in, or assisted any action alleging, any conduct prohibited by paragraphs (a)(1) or (b)(1) of this rule.

Both the Business and Professions Code and the Rules of Professional Conduct prohibit attorneys from making misrepresentations to a judicial officer.

Business and Professions Code section 6068, subdivision (d), provides that attorneys shall never “seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law.”

Rule of Professional Conduct 5-200(B), which adds jurors to this prohibition, states that an attorney “Shall not seek to mislead the judge, judicial officer, or jury by an artifice or false statement of fact or law.”

These standards reflect the policy that “Honesty in dealing with the courts is of paramount importance, and misleading a judge is, regardless of motives, a serious offense.” (DiSabatino v. State Bar (1980) 27 Cal.3d 159, 162-163, quoting Paine v. State Bar (1939) 14 Cal.2d 150, 154); see also Daily v. Superior Court (1935) 4 Cal.App.2d 127, 132, quoting Furlong v. White (1921) 51 Cal.App. 265, 271
that attorneys are “officers of the court, and while it is their duty to protect and defend the interests of their clients, the obligation is equally imperative to aid the court in avoiding error and in determining the cause in accordance with justice and the established rules of practice.”)

Deceit may be committed by an outright affirmative falsehood or by concealment of a material fact. (Daily v. Superior Court, supra, 4 Cal.App.2d 127, 131 [“Deceit…may consist in suppression of that which it is one’s duty to declare…”]; see also Franklin v. State Bar (1986) 41 Cal.3d 700, 709 [“…concealment of a material fact ‘misleads the judge as effectively as a false statement…’”], quoting, in part, Grove v. State Bar, supra, 63 Cal.2d 312, 315 [“No distinction can therefore be drawn among concealment, half-truth, and false statement of fact.”].)

It is not necessary that the court be deceived by the misrepresentation (Davis v. State Bar (1983) 33 Cal.3d 231, 240 [“…it is sufficient that the attorney knowingly presents a false statement which tends to mislead the court”] or that the misrepresentation caused no harm. (Scofield v. State Bar (1965) 62 Cal.2d 624. 628 [“The suppression of that which is true, by one having knowledge or belief of the fact, to deceive another, or to induce him to enter into a contract, constitutes actual fraud.”]) because “it is the endeavor to secure an advantage by means of falsity which is denounced.” (Pickering v. State Bar (1944) 24 Cal.2d 141, 145.)

It is also not a defense that the attorney believed it was necessary to lie to protect her client. (Bryan v. Bank of America (2001) 86 Cal.App.4th 185, 193 [“Nor can we accept the proposition that (the attorney’s) duty to his client relieved him of the responsibility to tell the court the truth, particularly where the representation was made under penalty of perjury.”].)

The courts have already addressed the Misrepresenting of grounds for purpose of continuance or delay. (Vaughn v. Municipal Court (1967) 252 Cal.App.2d 348, 354

This current case #23AVUD01538 began 10/27/2023 yet if you read the signed Declaration of mailing affidavit under penalty of perjury they signed it 10/03/2023, as this was the same dated paper used in the previous filing.  In that filing, Joezen Callos #307712 committed the same exact type of misleading answer prior, when I retained FAST EVICTION as my attorney, they mishandled my case so that case was terminated.  The particular date they illegitimately used was a from the Declaration of mailing paperwork filed on THAT previous case#23AVUD01220 by the defendants and the same attorney of  BASTA, Inc,. / Joezen Callos #307712 was  on thatOLD case# 23AVUD01220 which began in October. The tenant’s illegal sublet answered that OLD case# 23AVUD01220

 IN : Kenworthy v. State of California (1965) 236 Cal.App.2d 378, 397-398. Offers of proof are improper are not allowed! See also Offers to stipulate are improper: Augustus v. Shaffer (1959) 171 Cal.App.2d 160, 167. See also Moving to amend a complaint is improper: Sanguinetti v. Moore Dry Dock Co. (1951) 36 Cal.2d 812, 819.
So I also ask the courts to reject their answer as it was not filed in a timely manner withing the restraints set forth by the courts of the great state of California, which is 5 days.  The defendants failed to answer in the required time.

This failure triggers Rule 2.85. Requirements for Service of Process And

Rule 2.87. Adoption of Mandatory Electronic Filing and Service; Exceptions.

The defendants still did not answer until BASTA AMENEDED THE FIRST ILLEGITIMATE ANSWER UNTIMELY FILED WITH A FALSE Declaration of mailing. The law required a legitimate answer in response with a legal Declaration of mailing to my unlawful detainer filing by the date of November 3, 2023. THEY FAILED TO DO SO WITH LEGITIMACEY AND WITHOUT PERJURY!

A “misleading is not distinguishable from a false statement, according to the State Bar, and this principle dates back to at least 1929. All these forms of deception are considered fraud upon the court, or fraud on the court. “False statement of fact,” “explicit false statement” or “affirmative misrepresentation” are the legal, technical terms for what the general public refers to as a lie. The failure to disclose adverse facts and authority is unlawful, unethical, and considered sanctionable misconduct, according to the State Bar.

The actions of Joezen Callos #307712 fall under California Business and Professions Code – BPC § 6106  “The commission of any act involving moral turpitude, dishonesty or corruption, whether the act is committed in the course of his relations as an attorney or otherwise, and whether the act is a felony or misdemeanor or not, constitutes a cause for disbarment or suspension.”

OFFERING OR PREPARING FALSE EVIDENCE

• California Penal Code Section 132, offering false evidence, is legally described as follows:
  Anyone who upon any trial, proceeding, inquiry, or investigation authorized law, offers in evidence, as genuine, any book, paper, document, record, or other instrument in writing, knowing it’s forged or fraudulently altered, is guilty of felony offense.
• California Penal Code Section 134, preparing false evidence, is legally described as follows:
  Anyone guilty of preparing a false paper, record, instrument in writing, or other matter with intent to produce or allow it to be produced for a fraudulent or deceitful purpose as genuine upon a trial, proceeding, or inquiry authorized by law, is guilty of felony offense.
• California Penal Code Section 118 – Perjury described as follows:
  Signing the court documents under the penalty of perjury would be this
• California Penal Code Section 135 destroying or concealing evidence described as follows:
  not showing the courts the major breaches like the big dog and holding back clear agreement breaches is deceptive to the court and very disrespectful to the courts and myself. please see EXHIBIT 1A , please see EXHIBIT 12 John Blunt Junior Rental Application – even puts on our application he has NO DOGS, that is why we considered him, he specifically told us he has not pets! We do not take tenants with pets per our agreement, please see EXHIBIT 1c
• California Penal Code Section 141 – Planting Evidence described as follows:
  would be when they take signed MAILING OF DECLARATION from another case and turn it in on this case.

California Penal Code Section 470 – Forgery described as follows: that would be where you look at the signatures of John Blunt Junior and clearly see 2 different signatures claiming to be John Blunt Junior

Hawk v. Superior Court – The power of the court to punish summarily for a direct contempt is contained in Code of Civil Procedure section 1211 and Rule 2.60. Sanctions. My Civil rights are being harmed by the actions of the defendants’ and their attorney Joezen Callos #307712.

• California’s Civil Code section 1710  identifies four kinds of fraud:

1. intentional misrepresentation;
2. concealment;
3. false promise; and
4. negligent misrepresentation.

Intentional Fraud/ Deceit occurs when the defrauder uses deceit or false important facts to convince the victim to rely on the false facts.  Then the victim reasonably relied on and was harmed by the deceit.

Promissory Fraud occurs when the defrauded makes a promise that is important to the transaction that he or she never intends to, nor never performs, in order to induce the victim to rely victim rely on the promise.  Then the victim must reasonably rely on and be harmed by the false promise. “An action for promissory fraud may lie where a defendant fraudulently induces the plaintiff to enter into a contract.” (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 973-974; Tenzer v. Superscope, Inc. (1985) 39 Cal.3d 18, 30.)

Concealment Fraud occurs when there is a fiduciary or other relationship between the parties where there is a duty of full disclosure. The concealing person, with an intention to deceive, does not disclose important facts that the concealing person knows but the victim does not and could not know. Further, the victim reasonably relied on and was harmed by the concealment.

Constructive Fraud or Negligent Misrepresentation occurs when the perpetrator misrepresents to the victim that an important false fact is true. However, the defrauder may have honestly believed that the false representation is true.  Yet, the defrauder had no reasonable grounds for believing the representation was true when he or she made it; and he or she intends that victim rely on the representation.  The victim must reasonably rely on and be harmed by the false representation.

California Constitution
Article VI – Judicial
Section 13.

Universal Citation: CA Constitution art VI § 13

SEC. 13.

No judgment shall be set aside, or new trial granted, in any cause, on the ground of misdirection of the jury, or of the improper admission or rejection of evidence, or for any error as to any matter of pleading, or for any error as to any matter of procedure, unless, after an examination of the entire cause, including the evidence, the court shall be of the opinion that the error complained of has resulted in a miscarriage of justice.

https://www.thenalfa.org/blog/defense-prevailing-party-in-dvpa-case-dropped-by-plaintiff/

“Motion Hearing re attorney fees is denied with prejudice.”

erroneous prevailing party determination resulted in a miscarriage of justice….[B]ecause the respondent on petition for a domestic violence restraining order, the trial court had discretion to deny his request for prevailing party attorney fees under [Family Code] section 6344, subdivision (a).”

Art, VI, §13 of the state Constitution, reversal is called for only where an error has resulted “in a miscarriage of justice” which, she declared, did not occur.

Lawyers, upon being licensed and admitted to the practice of law are under oath and have a duty to be truthful with the Court in all pleadings, appearances and interactions in their role as a lawyer with the Court.

List of Bar Rule Violations, Laws and Business & Professional Codes Lawyers’ often commit and break.

Here is the list of their attorney’s doings.

1. Rule 1.1 Competence – A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.
2. Rule 1.2.1 Advising or Assisting the Violation of Law
3. a) A lawyer shall not counsel a client to engage, or assist a client in conduct that the lawyer knows is criminal, fraudulent, or a violation of any law, rule, or ruling of a tribunal. HELPING CLIENTS LIE IS THAT!
4. Rule 1.3: Diligence – A lawyer shall act with reasonable diligence (careful and persistent work or effort.) and promptness in representing a client.
5. Rule 2.122. Conduct Towards Other Attorneys, the Court and Participants –
   (c) Filing of motions Motions should be filed sparingly, in good faith and when the issue(s) cannot be otherwise resolved. An attorney should not engage in conduct which forces opposing counsel to file a motion and then not oppose the motion, or provide information called for in the motion only after the motion is filed.
6. Rule 2.123 Candor to the Court and Opposing Counsel –
7. Accuracy of written and oral statements Attorneys should not knowingly misstate, misrepresent or distort any fact or legal authority to the Court or to the opposing counsel, and shall not mislead by inaction or silence. Written materials and oral argument to the Court should accurately state current law and fairly represent the party’s position without unfairly attacking the opposing counsel or opposing party.
8. 1 Meritorious Claims and Contentions

• A lawyer shall not:

1. bring or continue an action, conduct a defense, assert a position in litigation, or take an appeal, without probable cause and for the purpose of harassing or maliciously injuring any person; or
2. present a claim or defense in litigation that is not warranted under existing law, unless it can be supported by a good faith argument for an extension, modification, or reversal of the existing law.
3. Rule 3.3 Candor Toward the Tribunal
   (a) A lawyer shall not:

(1) knowingly* make a false statement of fact or law to a tribunal* or fail to correct a false statement of material fact or law previously made to the tribunal* by the lawyer;
(3) offer evidence that the lawyer knows* to be false. If a lawyer, the lawyer’s client, or a witness called by the lawyer, has offered material evidence, and the lawyer comes to know* of its falsity, the lawyer shall take reasonable

1. A lawyer who represents a client in a proceeding before a tribunal* and who knows* that a person* intends to engage, is engaging or has engaged in criminal or fraudulent* conduct related to the proceeding shall take reasonable* remedial measures to the extent permitted by Business and Professions Code section 6068, subdivision (e) and rule 1.6.
2. The duties stated in paragraphs (a) and (b) continue to the conclusion of the proceeding.

8. Rule 3.4 Fairness to Opposing Party and Counsel
9. suppress any evidence that the lawyer or the lawyer’s client has a legal obligation to reveal or to produce;
10. falsify evidence, counsel or assist a witness to testify falsely, or offer an inducement to a witness that is prohibited by law;
11. Rule 4.1 Truthfulness in statement to others

(a) make a false statement of material fact or law to a third person and also requires a lawyer to disclose a material fact to avoid assisting a client in a criminal or fraudulent act, subject to the lawyer’s duties under rule 1.6 and Business and Professions Code section 6068(e).

10. California Rule of Professional Conduct 5-200(B) prohibits lawyers from misleading a judge, judicial officer, or jury by artifice or false statement . Rule 5-200 also requires lawyers to use means that are consistent with truth.
11. Business and Professions Code § 6106 – Dishonesty, whether or not committed while acting as an attorney, is considered an act of moral turpitude and is prohibited.
12. California Code, Business and Professions Code – BPC § 6068

It is the duty of an attorney to do all of the following:

1. To support the Constitution and laws of the United States and of this state.
2. To maintain the respect due to the courts of justice and judicial officers.
3. To counsel or maintain those actions, proceedings, or defenses only as appear to him or her legal or just, except the defense of a person charged with a public offense.
4. To employ, for the purpose of maintaining the causes confided to him or her those means only as are consistent with truth, and never to seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law.
5. To advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which he or she is charged.
6. Not to encourage either the commencement or the continuance of an action or proceeding from any corrupt motive of passion or interest.
7. Business and Professions Code – BPC § 6067 – Every person on his admission shall take an oath to support the Constitution of the United States and the Constitution of the State of California, and faithfully to discharge the duties of any attorney at law to the best of his knowledge and ability.
8. Rule 8.3 Required Reporting – which requires a lawyer (including judges) to report certain misconduct by another lawyer. See RULE 8.3 REPORTING SCENARIOS
   SCENARIO 6: CREDIBLE EVIDENCE]
   https://calbar.ca.gov/Portals/0/documents/ethics/Rule-8-3-Scenarios.pdf
   On June 2, 2023, the court received a request from the State Bar of California to approve a version of rule 8.3 of the California Rules of Professional Conduct. The request was granted.
9. Rule 8.4 misconduct
   It is professional misconduct for a lawyer to:
   (b) commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects; PERJURY IS THAT, FILING FALSHOODS IN CHECKBOX ANSWER FORMS IS THAT!
   (c) engage in conduct involving dishonesty, fraud,* deceit, or reckless or intentional misrepresentation; PERJURY IS THAT, FILING FALSHOODS IN CHECKBOX ANSWER FORMS IS THAT!
   (d) engage in conduct that is prejudicial to the administration of justice; PERJURY IS THAT, FILING FALSHOODS IN CHECKBOX ANSWER FORMS IS THAT!
   (e) state or imply an ability to influence improperly a government agency or official, or to achieve results by means that violate these rules, the State Bar Act, or other law;
10. Rule 8.4.1 Prohibited Discrimination, Harassment and Retaliation

(4) “retaliate” means to take adverse action against a person* because that person* has (i) opposed, or (ii) pursued, participated in, or assisted any action alleging, any conduct prohibited by paragraphs (a)(1) or (b)(1) of this rule.

Both the Business and Professions Code and the Rules of Professional Conduct prohibit attorneys from making misrepresentations to a judicial officer.

Business and Professions Code section 6068, subdivision (d), provides that attorneys shall never “seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law.”

Rule of Professional Conduct 5-200(B), which adds jurors to this prohibition, states that an attorney “Shall not seek to mislead the judge, judicial officer, or jury by an artifice or false statement of fact or law.”

These standards reflect the policy that “Honesty in dealing with the courts is of paramount importance, and misleading a judge is, regardless of motives, a serious offense.” (DiSabatino v. State Bar (1980) 27 Cal.3d 159, 162-163, quoting Paine v. State Bar (1939) 14 Cal.2d 150, 154); see also Daily v. Superior Court (1935) 4 Cal.App.2d 127, 132, quoting Furlong v. White (1921) 51 Cal.App. 265, 271
that attorneys are “officers of the court, and while it is their duty to protect and defend the interests of their clients, the obligation is equally imperative to aid the court in avoiding error and in determining the cause in accordance with justice and the established rules of practice.”)

Deceit may be committed by an outright affirmative falsehood or by concealment of a material fact. (Daily v. Superior Court, supra, 4 Cal.App.2d 127, 131 [“Deceit…may consist in suppression of that which it is one’s duty to declare…”]; see also Franklin v. State Bar (1986) 41 Cal.3d 700, 709 [“…concealment of a material fact ‘misleads the judge as effectively as a false statement…’”], quoting, in part, Grove v. State Bar, supra, 63 Cal.2d 312, 315 [“No distinction can therefore be drawn among concealment, half-truth, and false statement of fact.”].)

It is not necessary that the court be deceived by the misrepresentation (Davis v. State Bar (1983) 33 Cal.3d 231, 240 [“…it is sufficient that the attorney knowingly presents a false statement which tends to mislead the court”] or that the misrepresentation caused no harm. (Scofield v. State Bar (1965) 62 Cal.2d 624. 628 [“The suppression of that which is true, by one having knowledge or belief of the fact, to deceive another, or to induce him to enter into a contract, constitutes actual fraud.”]) because “it is the endeavor to secure an advantage by means of falsity which is denounced.” (Pickering v. State Bar (1944) 24 Cal.2d 141, 145.)

It is also not a defense that the attorney believed it was necessary to lie to protect her client. (Bryan v. Bank of America (2001) 86 Cal.App.4th 185, 193 [“Nor can we accept the proposition that (the attorney’s) duty to his client relieved him of the responsibility to tell the court the truth, particularly where the representation was made under penalty of perjury.”].)

The courts have already addressed the Misrepresenting of grounds for purpose of continuance or delay. (Vaughn v. Municipal Court (1967) 252 Cal.App.2d 348, 354

This current case #23AVUD01538 began 10/27/2023 yet if you read the signed Declaration of mailing affidavit under penalty of perjury they signed it 10/03/2023, as this was the same dated paper used in the previous filing.  In that filing, Joezen Callos #307712 committed the same exact type of misleading answer prior, when I retained FAST EVICTION as my attorney, they mishandled my case so that case was terminated.  The particular date they illegitimately used was a from the Declaration of mailing paperwork filed on THAT previous case#23AVUD01220 by the defendants and the same attorney of  BASTA, Inc,. / Joezen Callos #307712 was  on thatOLD case# 23AVUD01220 which began in October. The tenant’s illegal sublet answered that OLD case# 23AVUD01220

 IN : Kenworthy v. State of California (1965) 236 Cal.App.2d 378, 397-398. Offers of proof are improper are not allowed! See also Offers to stipulate are improper: Augustus v. Shaffer (1959) 171 Cal.App.2d 160, 167. See also Moving to amend a complaint is improper: Sanguinetti v. Moore Dry Dock Co. (1951) 36 Cal.2d 812, 819.
So I also ask the courts to reject their answer as it was not filed in a timely manner withing the restraints set forth by the courts of the great state of California, which is 5 days.  The defendants failed to answer in the required time.

This failure triggers Rule 2.85. Requirements for Service of Process And

Rule 2.87. Adoption of Mandatory Electronic Filing and Service; Exceptions.

The defendants still did not answer until BASTA AMENEDED THE FIRST ILLEGITIMATE ANSWER UNTIMELY FILED WITH A FALSE Declaration of mailing. The law required a legitimate answer in response with a legal Declaration of mailing to my unlawful detainer filing by the date of November 3, 2023. THEY FAILED TO DO SO WITH LEGITIMACEY AND WITHOUT PERJURY!

A “misleading is not distinguishable from a false statement, according to the State Bar, and this principle dates back to at least 1929. All these forms of deception are considered fraud upon the court, or fraud on the court. “False statement of fact,” “explicit false statement” or “affirmative misrepresentation” are the legal, technical terms for what the general public refers to as a lie. The failure to disclose adverse facts and authority is unlawful, unethical, and considered sanctionable misconduct, according to the State Bar.

The actions of Joezen Callos #307712 fall under California Business and Professions Code – BPC § 6106  “The commission of any act involving moral turpitude, dishonesty or corruption, whether the act is committed in the course of his relations as an attorney or otherwise, and whether the act is a felony or misdemeanor or not, constitutes a cause for disbarment or suspension.”

OFFERING OR PREPARING FALSE EVIDENCE

• California Penal Code Section 132, offering false evidence, is legally described as follows:
  Anyone who upon any trial, proceeding, inquiry, or investigation authorized law, offers in evidence, as genuine, any book, paper, document, record, or other instrument in writing, knowing it’s forged or fraudulently altered, is guilty of felony offense.
• California Penal Code Section 134, preparing false evidence, is legally described as follows:
  Anyone guilty of preparing a false paper, record, instrument in writing, or other matter with intent to produce or allow it to be produced for a fraudulent or deceitful purpose as genuine upon a trial, proceeding, or inquiry authorized by law, is guilty of felony offense.
• California Penal Code Section 118 – Perjury described as follows:
  Signing the court documents under the penalty of perjury would be this
• California Penal Code Section 135 destroying or concealing evidence described as follows:
  not showing the courts the major breaches like the big dog and holding back clear agreement breaches is deceptive to the court and very disrespectful to the courts and myself. please see EXHIBIT 1A , please see EXHIBIT 12 John Blunt Junior Rental Application – even puts on our application he has NO DOGS, that is why we considered him, he specifically told us he has not pets! We do not take tenants with pets per our agreement, please see EXHIBIT 1c
• California Penal Code Section 141 – Planting Evidence described as follows:
  would be when they take signed MAILING OF DECLARATION from another case and turn it in on this case.

California Penal Code Section 470 – Forgery described as follows: that would be where you look at the signatures of John Blunt Junior and clearly see 2 different signatures claiming to be John Blunt Junior

Hawk v. Superior Court – The power of the court to punish summarily for a direct contempt is contained in Code of Civil Procedure section 1211 and Rule 2.60. Sanctions. My Civil rights are being harmed by the actions of the defendants’ and their attorney Joezen Callos #307712.

• California’s Civil Code section 1710  identifies four kinds of fraud:

1. intentional misrepresentation;
2. concealment;
3. false promise; and
4. negligent misrepresentation.

Intentional Fraud/ Deceit occurs when the defrauder uses deceit or false important facts to convince the victim to rely on the false facts.  Then the victim reasonably relied on and was harmed by the deceit.

Promissory Fraud occurs when the defrauded makes a promise that is important to the transaction that he or she never intends to, nor never performs, in order to induce the victim to rely victim rely on the promise.  Then the victim must reasonably rely on and be harmed by the false promise. “An action for promissory fraud may lie where a defendant fraudulently induces the plaintiff to enter into a contract.” (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 973-974; Tenzer v. Superscope, Inc. (1985) 39 Cal.3d 18, 30.)

Concealment Fraud occurs when there is a fiduciary or other relationship between the parties where there is a duty of full disclosure. The concealing person, with an intention to deceive, does not disclose important facts that the concealing person knows but the victim does not and could not know. Further, the victim reasonably relied on and was harmed by the concealment.

Constructive Fraud or Negligent Misrepresentation occurs when the perpetrator misrepresents to the victim that an important false fact is true. However, the defrauder may have honestly believed that the false representation is true.  Yet, the defrauder had no reasonable grounds for believing the representation was true when he or she made it; and he or she intends that victim rely on the representation.  The victim must reasonably rely on and be harmed by the false representation.

California Constitution
Article VI – Judicial
Section 13.

Universal Citation: CA Constitution art VI § 13

SEC. 13.

No judgment shall be set aside, or new trial granted, in any cause, on the ground of misdirection of the jury, or of the improper admission or rejection of evidence, or for any error as to any matter of pleading, or for any error as to any matter of procedure, unless, after an examination of the entire cause, including the evidence, the court shall be of the opinion that the error complained of has resulted in a miscarriage of justice.

https://www.thenalfa.org/blog/defense-prevailing-party-in-dvpa-case-dropped-by-plaintiff/

“Motion Hearing re attorney fees is denied with prejudice.”

erroneous prevailing party determination resulted in a miscarriage of justice….[B]ecause the respondent on petition for a domestic violence restraining order, the trial court had discretion to deny his request for prevailing party attorney fees under [Family Code] section 6344, subdivision (a).”

Art, VI, §13 of the state Constitution, reversal is called for only where an error has resulted “in a miscarriage of justice” which, she declared, did not occur.

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A fiduciary duty is a legal responsibility to act in the best interest of another party. The term “fiduciary” comes from the Latin word for trust, and a person with a fiduciary duty has a legal obligation to maintain that trust. For example, lawyers have a fiduciary duty to act in the best interest of their clients.

Fiduciary duties include duties of care, loyalty, good faith, confidentiality, prudence, and disclosure. The person with a fiduciary duty is known as the fiduciary, and the person or persons they are responsible to are referred to as the principal or the beneficiary.

A fiduciary relationship existed where the fiduciary owed a duty to the principal. The fiduciary acted in a manner that contradicted, or breached, their expected duties. The principal suffered damages. The damages incurred were a direct result of the breach of fiduciary duty.

The fiduciary duty of an attorney in California is to act in their client’s best interests and keep all information provided confidential.

What Constitutes a Breach of Fiduciary Duty in California?

A breach of fiduciary duty can sometimes be difficult to prove. For a breach of duty to have occurred, the defendant (i.e. attorney, consultant, investment broker, trustee) must have a fiduciary duty to the plaintiff. When there is a fiduciary duty to the plaintiff and the defendant did not act in the best interests of their client, a breach of fiduciary duty exists. https://goodshepherdmedia.net/what-is-a-fiduciary-duty-breach-of-fiduciary-duty/

The Lawyer’s Fiduciary Duties: “The 4 C’s”:

•  1. Communicate
  

  RLGL  §20 A Lawyer’s Duty to Inform and Consult with a Client

  • (1) A lawyer must keep a client reasonably informed about the matter and must consult with a client to a reasonable extent concerning decisions to be made by the lawyer…
  • (2) A lawyer must promptly comply with a client’s reasonable requests for information.
  • (3) A lawyer must notify a client of decisions to be made by the client…and must explain a matter to the extent reasonably necessary to permit the client to make informed decision regarding the representation.
    RPC 1.4 Communication
    • • (b) A lawyer shall keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information.
      • (c) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decision regarding the representattion.
         Rizzo v. Haines, 555 A.2d 58 (Pa. 1989). (duty to disclose settlement offers to client)
        FDIC v. Clark, 978 F.2d 1541 (10th Cir.1992) (duty to inform board of directors of a corporate officer’s fraud).

• 2. Conflict Avoidance (duty of loyalty)
  Maritrans v. Pepper Hamilton & Scheetz, 529 Pa. 241, 602 A.2d 1277 (1992)
  Matter of Silverman, 113 NJ 198 (1988) (doing business with clients)

• 3. Confidentiality Profit Sharing Trust v. Lampf Lipkind, 267 NJ Super 174 (Law Div. 1993)

• 4. Competence Starron v. Weinstein, 305 N.J.Super. 263, 701 A.2d 1325 

A fiduciary has several duties, The main liabilities for fiduciary of duties include:

• Duty of Care: The duty to take all due diligence in making decisions, providing counsel, or taking action.
• Duty to sensible care
• Duty of Total Loyalty: The duty of loyalty prevents a fiduciary from representing someone with a conflict in interests.
• Duty of Good Faith: Fiduciaries have a duty to obey the law in their dealings on the client’s behalf.
• Duty of Confidentiality: The fiduciary cannot disclose any information without the client’s consent.
• Duty of Prudence: Similar to the duty of care, the duty of prudence requires the fiduciary to take all due care in identifying risks and weighing options before taking action.
• Duty to Disclose: Fiduciaries must not withhold information that would affect the well-being of the client.

§49. Breach of Fiduciary Duty–Generally

In addition to the other possible bases of civil liability described in §§48 [professional negligence] 55[breach of contract and equitable relief] and 56 [liability to a non-client], a lawyer is civilly liable to a client if the lawyer breaches a fiduciary duty to the client set forth in §16(3) and if that failure is a legal cause of injury with the meaning of §53, unless the lawyer has a defense within the meaning of §54. 

§16  Lawyer’s Duties to a Client–Generally:

To the extent consistent with the lawyer’s other legal duties and subject to other provisions of this Restatement, a lawyer must, in matters within the scope of the representation:
(1) proceed in a manner reasonably calculated to advance a client’s lawful objectives, as defined by the client after consultation;
(2) act with reasonable competence and diligence;
(3) comply with obligations concerning the client’s confidences and property, avoid impermissible conflicting interests, deal honestly with the client, and not employ advantages arising from the client-lawyer relationship in a manner adverse to the client;
(4) fulfill valid contractual obligations to the client.

The California Rules of Professional Conduct also include:

• Rule 1.1 Competence: (a) A lawyer shall not intentionally, recklessly, with gross negligence, or repeatedly fail to perform legal services with competence.  For purposes of this rule, “competence” in any legal service shall mean to apply the (i) learning and skill, and (ii) mental, emotional, and physical ability reasonably* necessary for the performance of such service.
• Rule 1.3 Diligence : A lawyer shall not intentionally, repeatedly, recklessly or with gross negligence fail to act with reasonable diligence in representing a client.

• Rule 1.4 Communication with Clients (a) A lawyer shall: 
  (1) promptly inform the client of any decision or circumstance with respect to which disclosure or the client’s informed consent* is required by these rules or the State Bar Act;
  (2) reasonably* consult with the client about the means by which to accomplish the client’s objectives in the representation;
  (3) keep the client reasonably* informed about significant developments relating to the representation, including promptly complying with reasonable* requests for information and copies of significant documents when necessary to keep the client so informed; (b) A lawyer shall explain a matter to the extent reasonably* necessary to permit the client to make informed decisions regarding the representation.

• Rule 3-500: A member shall keep a client reasonably informed about significant developments relating to the employment or representation.
• Rule 4.1: A lawyer shall not make a false statement of fact or law to a third person.
• Rule 3-110: A member shall not intentionally, recklessly, or repeatedly fail to perform legal services with competence.
• Rule 3-700: A member shall not withdraw from employment in a proceeding before a tribunal without its permission.
• 6068(c). The ABA Model Rules of Professional Conduct, Rule 3.1 & 4.4, also impose a duty to the legal system which requires both that the attorney bring only meritorious claims and that they not use inappropriate means in the representation of their client that embarrass, burden, delay or violate legal rights. Barbara A. v. John G., 145 Cal.App.3d 369 (1983) (citing Herbert v. Lankershim, 9 Cal.2d 409, 483 (1937); Bacon v. Soule, 19 Cal.App. 428, 434 (1912)

In California, breach of fiduciary duty penalties includes civil remedies, civil penalties, and criminal penalties. If a breach of fiduciary duties was done with oppression, fraud, or malice (proven by clear and convincing evidence under California Civil Code § 3294) then the court may award punitive damages. According to California’s Code of Civil Procedure section 343, the statute of limitations for a breach of fiduciary duty is four years. And violates 15 U.S.C. 80a-35 – Breach of fiduciary duty and liabilities 29 U.S. Code § 1109 – Liability for breach of fiduciary duty. His responsibilities as well are §8477. Fiduciary responsibilities; liability and penalties.

WE HAVE RECORDED CONVERSATION WITH JESSE WHERE HE TELLS US WE DON’T TAKE FEMALE CASES. WE DO NOT HELP MOTHERS!

CHECK OUT THE REVIEW ABOVE? MUST BE FAKE. YOU CAN PAY FOR REVIEWS ITS EASY AND A FAST WAY TO BUILD A LIE

Lawyers, upon being licensed and admitted to the practice of law are under oath and have a duty to be truthful with the Court in all pleadings, appearances and interactions in their role as a lawyer with the Court.

List of Bar Rule Violations, Laws and Business & Professional Codes Lawyers’ often commit and break.

Here is the list of their attorney’s doings.

1. Rule 1.1 Competence – A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.
2. Rule 1.2.1 Advising or Assisting the Violation of Law
3. a) A lawyer shall not counsel a client to engage, or assist a client in conduct that the lawyer knows is criminal, fraudulent, or a violation of any law, rule, or ruling of a tribunal. HELPING CLIENTS LIE IS THAT!
4. Rule 1.3: Diligence – A lawyer shall act with reasonable diligence (careful and persistent work or effort.) and promptness in representing a client.
5. Rule 2.122. Conduct Towards Other Attorneys, the Court and Participants –
   (c) Filing of motions Motions should be filed sparingly, in good faith and when the issue(s) cannot be otherwise resolved. An attorney should not engage in conduct which forces opposing counsel to file a motion and then not oppose the motion, or provide information called for in the motion only after the motion is filed.
6. Rule 2.123 Candor to the Court and Opposing Counsel –
7. Accuracy of written and oral statements Attorneys should not knowingly misstate, misrepresent or distort any fact or legal authority to the Court or to the opposing counsel, and shall not mislead by inaction or silence. Written materials and oral argument to the Court should accurately state current law and fairly represent the party’s position without unfairly attacking the opposing counsel or opposing party.
8. 1 Meritorious Claims and Contentions

• A lawyer shall not:

1. bring or continue an action, conduct a defense, assert a position in litigation, or take an appeal, without probable cause and for the purpose of harassing or maliciously injuring any person; or
2. present a claim or defense in litigation that is not warranted under existing law, unless it can be supported by a good faith argument for an extension, modification, or reversal of the existing law.
3. Rule 3.3 Candor Toward the Tribunal
   (a) A lawyer shall not:

(1) knowingly* make a false statement of fact or law to a tribunal* or fail to correct a false statement of material fact or law previously made to the tribunal* by the lawyer;
(3) offer evidence that the lawyer knows* to be false. If a lawyer, the lawyer’s client, or a witness called by the lawyer, has offered material evidence, and the lawyer comes to know* of its falsity, the lawyer shall take reasonable

1. A lawyer who represents a client in a proceeding before a tribunal* and who knows* that a person* intends to engage, is engaging or has engaged in criminal or fraudulent* conduct related to the proceeding shall take reasonable* remedial measures to the extent permitted by Business and Professions Code section 6068, subdivision (e) and rule 1.6.
2. The duties stated in paragraphs (a) and (b) continue to the conclusion of the proceeding.

8. Rule 3.4 Fairness to Opposing Party and Counsel
9. suppress any evidence that the lawyer or the lawyer’s client has a legal obligation to reveal or to produce;
10. falsify evidence, counsel or assist a witness to testify falsely, or offer an inducement to a witness that is prohibited by law;
11. Rule 4.1 Truthfulness in statement to others

(a) make a false statement of material fact or law to a third person and also requires a lawyer to disclose a material fact to avoid assisting a client in a criminal or fraudulent act, subject to the lawyer’s duties under rule 1.6 and Business and Professions Code section 6068(e).

10. California Rule of Professional Conduct 5-200(B) prohibits lawyers from misleading a judge, judicial officer, or jury by artifice or false statement . Rule 5-200 also requires lawyers to use means that are consistent with truth.
11. Business and Professions Code § 6106 – Dishonesty, whether or not committed while acting as an attorney, is considered an act of moral turpitude and is prohibited.
12. California Code, Business and Professions Code – BPC § 6068

It is the duty of an attorney to do all of the following:

1. To support the Constitution and laws of the United States and of this state.
2. To maintain the respect due to the courts of justice and judicial officers.
3. To counsel or maintain those actions, proceedings, or defenses only as appear to him or her legal or just, except the defense of a person charged with a public offense.
4. To employ, for the purpose of maintaining the causes confided to him or her those means only as are consistent with truth, and never to seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law.
5. To advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which he or she is charged.
6. Not to encourage either the commencement or the continuance of an action or proceeding from any corrupt motive of passion or interest.
7. Business and Professions Code – BPC § 6067 – Every person on his admission shall take an oath to support the Constitution of the United States and the Constitution of the State of California, and faithfully to discharge the duties of any attorney at law to the best of his knowledge and ability.
8. Rule 8.3 Required Reporting – which requires a lawyer (including judges) to report certain misconduct by another lawyer. See RULE 8.3 REPORTING SCENARIOS
   SCENARIO 6: CREDIBLE EVIDENCE]
   https://calbar.ca.gov/Portals/0/documents/ethics/Rule-8-3-Scenarios.pdf
   On June 2, 2023, the court received a request from the State Bar of California to approve a version of rule 8.3 of the California Rules of Professional Conduct. The request was granted.
9. Rule 8.4 misconduct
   It is professional misconduct for a lawyer to:
   (b) commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects; PERJURY IS THAT, FILING FALSHOODS IN CHECKBOX ANSWER FORMS IS THAT!
   (c) engage in conduct involving dishonesty, fraud,* deceit, or reckless or intentional misrepresentation; PERJURY IS THAT, FILING FALSHOODS IN CHECKBOX ANSWER FORMS IS THAT!
   (d) engage in conduct that is prejudicial to the administration of justice; PERJURY IS THAT, FILING FALSHOODS IN CHECKBOX ANSWER FORMS IS THAT!
   (e) state or imply an ability to influence improperly a government agency or official, or to achieve results by means that violate these rules, the State Bar Act, or other law;
10. Rule 8.4.1 Prohibited Discrimination, Harassment and Retaliation

(4) “retaliate” means to take adverse action against a person* because that person* has (i) opposed, or (ii) pursued, participated in, or assisted any action alleging, any conduct prohibited by paragraphs (a)(1) or (b)(1) of this rule.

Both the Business and Professions Code and the Rules of Professional Conduct prohibit attorneys from making misrepresentations to a judicial officer.

Business and Professions Code section 6068, subdivision (d), provides that attorneys shall never “seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law.”

Rule of Professional Conduct 5-200(B), which adds jurors to this prohibition, states that an attorney “Shall not seek to mislead the judge, judicial officer, or jury by an artifice or false statement of fact or law.”

These standards reflect the policy that “Honesty in dealing with the courts is of paramount importance, and misleading a judge is, regardless of motives, a serious offense.” (DiSabatino v. State Bar (1980) 27 Cal.3d 159, 162-163, quoting Paine v. State Bar (1939) 14 Cal.2d 150, 154); see also Daily v. Superior Court (1935) 4 Cal.App.2d 127, 132, quoting Furlong v. White (1921) 51 Cal.App. 265, 271
that attorneys are “officers of the court, and while it is their duty to protect and defend the interests of their clients, the obligation is equally imperative to aid the court in avoiding error and in determining the cause in accordance with justice and the established rules of practice.”)

Deceit may be committed by an outright affirmative falsehood or by concealment of a material fact. (Daily v. Superior Court, supra, 4 Cal.App.2d 127, 131 [“Deceit…may consist in suppression of that which it is one’s duty to declare…”]; see also Franklin v. State Bar (1986) 41 Cal.3d 700, 709 [“…concealment of a material fact ‘misleads the judge as effectively as a false statement…’”], quoting, in part, Grove v. State Bar, supra, 63 Cal.2d 312, 315 [“No distinction can therefore be drawn among concealment, half-truth, and false statement of fact.”].)

It is not necessary that the court be deceived by the misrepresentation (Davis v. State Bar (1983) 33 Cal.3d 231, 240 [“…it is sufficient that the attorney knowingly presents a false statement which tends to mislead the court”] or that the misrepresentation caused no harm. (Scofield v. State Bar (1965) 62 Cal.2d 624. 628 [“The suppression of that which is true, by one having knowledge or belief of the fact, to deceive another, or to induce him to enter into a contract, constitutes actual fraud.”]) because “it is the endeavor to secure an advantage by means of falsity which is denounced.” (Pickering v. State Bar (1944) 24 Cal.2d 141, 145.)

It is also not a defense that the attorney believed it was necessary to lie to protect her client. (Bryan v. Bank of America (2001) 86 Cal.App.4th 185, 193 [“Nor can we accept the proposition that (the attorney’s) duty to his client relieved him of the responsibility to tell the court the truth, particularly where the representation was made under penalty of perjury.”].)

The courts have already addressed the Misrepresenting of grounds for purpose of continuance or delay. (Vaughn v. Municipal Court (1967) 252 Cal.App.2d 348, 354

This current case #23AVUD01538 began 10/27/2023 yet if you read the signed Declaration of mailing affidavit under penalty of perjury they signed it 10/03/2023, as this was the same dated paper used in the previous filing.  In that filing, Joezen Callos #307712 committed the same exact type of misleading answer prior, when I retained FAST EVICTION as my attorney, they mishandled my case so that case was terminated.  The particular date they illegitimately used was a from the Declaration of mailing paperwork filed on THAT previous case#23AVUD01220 by the defendants and the same attorney of  BASTA, Inc,. / Joezen Callos #307712 was  on thatOLD case# 23AVUD01220 which began in October. The tenant’s illegal sublet answered that OLD case# 23AVUD01220

 IN : Kenworthy v. State of California (1965) 236 Cal.App.2d 378, 397-398. Offers of proof are improper are not allowed! See also Offers to stipulate are improper: Augustus v. Shaffer (1959) 171 Cal.App.2d 160, 167. See also Moving to amend a complaint is improper: Sanguinetti v. Moore Dry Dock Co. (1951) 36 Cal.2d 812, 819.
So I also ask the courts to reject their answer as it was not filed in a timely manner withing the restraints set forth by the courts of the great state of California, which is 5 days.  The defendants failed to answer in the required time.

This failure triggers Rule 2.85. Requirements for Service of Process And

Rule 2.87. Adoption of Mandatory Electronic Filing and Service; Exceptions.

The defendants still did not answer until BASTA AMENEDED THE FIRST ILLEGITIMATE ANSWER UNTIMELY FILED WITH A FALSE Declaration of mailing. The law required a legitimate answer in response with a legal Declaration of mailing to my unlawful detainer filing by the date of November 3, 2023. THEY FAILED TO DO SO WITH LEGITIMACEY AND WITHOUT PERJURY!

A “misleading is not distinguishable from a false statement, according to the State Bar, and this principle dates back to at least 1929. All these forms of deception are considered fraud upon the court, or fraud on the court. “False statement of fact,” “explicit false statement” or “affirmative misrepresentation” are the legal, technical terms for what the general public refers to as a lie. The failure to disclose adverse facts and authority is unlawful, unethical, and considered sanctionable misconduct, according to the State Bar.

The actions of Joezen Callos #307712 fall under California Business and Professions Code – BPC § 6106  “The commission of any act involving moral turpitude, dishonesty or corruption, whether the act is committed in the course of his relations as an attorney or otherwise, and whether the act is a felony or misdemeanor or not, constitutes a cause for disbarment or suspension.”

OFFERING OR PREPARING FALSE EVIDENCE

• California Penal Code Section 132, offering false evidence, is legally described as follows:
  Anyone who upon any trial, proceeding, inquiry, or investigation authorized law, offers in evidence, as genuine, any book, paper, document, record, or other instrument in writing, knowing it’s forged or fraudulently altered, is guilty of felony offense.
• California Penal Code Section 134, preparing false evidence, is legally described as follows:
  Anyone guilty of preparing a false paper, record, instrument in writing, or other matter with intent to produce or allow it to be produced for a fraudulent or deceitful purpose as genuine upon a trial, proceeding, or inquiry authorized by law, is guilty of felony offense.
• California Penal Code Section 118 – Perjury described as follows:
  Signing the court documents under the penalty of perjury would be this
• California Penal Code Section 135 destroying or concealing evidence described as follows:
  not showing the courts the major breaches like the big dog and holding back clear agreement breaches is deceptive to the court and very disrespectful to the courts and myself. please see EXHIBIT 1A , please see EXHIBIT 12 John Blunt Junior Rental Application – even puts on our application he has NO DOGS, that is why we considered him, he specifically told us he has not pets! We do not take tenants with pets per our agreement, please see EXHIBIT 1c
• California Penal Code Section 141 – Planting Evidence described as follows:
  would be when they take signed MAILING OF DECLARATION from another case and turn it in on this case.

California Penal Code Section 470 – Forgery described as follows: that would be where you look at the signatures of John Blunt Junior and clearly see 2 different signatures claiming to be John Blunt Junior

Hawk v. Superior Court – The power of the court to punish summarily for a direct contempt is contained in Code of Civil Procedure section 1211 and Rule 2.60. Sanctions. My Civil rights are being harmed by the actions of the defendants’ and their attorney Joezen Callos #307712.

• California’s Civil Code section 1710  identifies four kinds of fraud:

1. intentional misrepresentation;
2. concealment;
3. false promise; and
4. negligent misrepresentation.

Intentional Fraud/ Deceit occurs when the defrauder uses deceit or false important facts to convince the victim to rely on the false facts.  Then the victim reasonably relied on and was harmed by the deceit.

Promissory Fraud occurs when the defrauded makes a promise that is important to the transaction that he or she never intends to, nor never performs, in order to induce the victim to rely victim rely on the promise.  Then the victim must reasonably rely on and be harmed by the false promise. “An action for promissory fraud may lie where a defendant fraudulently induces the plaintiff to enter into a contract.” (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 973-974; Tenzer v. Superscope, Inc. (1985) 39 Cal.3d 18, 30.)

Concealment Fraud occurs when there is a fiduciary or other relationship between the parties where there is a duty of full disclosure. The concealing person, with an intention to deceive, does not disclose important facts that the concealing person knows but the victim does not and could not know. Further, the victim reasonably relied on and was harmed by the concealment.

Constructive Fraud or Negligent Misrepresentation occurs when the perpetrator misrepresents to the victim that an important false fact is true. However, the defrauder may have honestly believed that the false representation is true.  Yet, the defrauder had no reasonable grounds for believing the representation was true when he or she made it; and he or she intends that victim rely on the representation.  The victim must reasonably rely on and be harmed by the false representation.

California Constitution
Article VI – Judicial
Section 13.

Universal Citation: CA Constitution art VI § 13

SEC. 13.

No judgment shall be set aside, or new trial granted, in any cause, on the ground of misdirection of the jury, or of the improper admission or rejection of evidence, or for any error as to any matter of pleading, or for any error as to any matter of procedure, unless, after an examination of the entire cause, including the evidence, the court shall be of the opinion that the error complained of has resulted in a miscarriage of justice.

https://www.thenalfa.org/blog/defense-prevailing-party-in-dvpa-case-dropped-by-plaintiff/

“Motion Hearing re attorney fees is denied with prejudice.”

erroneous prevailing party determination resulted in a miscarriage of justice….[B]ecause the respondent on petition for a domestic violence restraining order, the trial court had discretion to deny his request for prevailing party attorney fees under [Family Code] section 6344, subdivision (a).”

Art, VI, §13 of the state Constitution, reversal is called for only where an error has resulted “in a miscarriage of justice” which, she declared, did not occur.

maybe she lives in a shithole in San Dimas because SHE DOES NOT DO HER WORK AND SHE JUST BECAME A LAWYER LESS THAN 2 MONTHS AGO!
203 N San Dimas Canyon Rd Unit D353
San Dimas, CA 91773
765-661-7180

JOIN US FOR PEACEFUL ASSEMBLY AT ALL LAWYERS WHO DO NOT OBEY THEIR OATH. KEEP THIS PAGE BOOKMARKED FOR THE UPCOMING DATES.
BRING WATER AND PREPARE FOR PEACEFUL DEMONSTRATION. REMEMBER NO BLOCKING STREET ACESS BE POLITE AND RESPECT EVERYONE!

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A fiduciary duty is a legal responsibility to act in the best interest of another party. The term “fiduciary” comes from the Latin word for trust, and a person with a fiduciary duty has a legal obligation to maintain that trust. For example, lawyers have a fiduciary duty to act in the best interest of their clients.

Fiduciary duties include duties of care, loyalty, good faith, confidentiality, prudence, and disclosure. The person with a fiduciary duty is known as the fiduciary, and the person or persons they are responsible to are referred to as the principal or the beneficiary.

A fiduciary relationship existed where the fiduciary owed a duty to the principal. The fiduciary acted in a manner that contradicted, or breached, their expected duties. The principal suffered damages. The damages incurred were a direct result of the breach of fiduciary duty.

The fiduciary duty of an attorney in California is to act in their client’s best interests and keep all information provided confidential.

What Constitutes a Breach of Fiduciary Duty in California?

A breach of fiduciary duty can sometimes be difficult to prove. For a breach of duty to have occurred, the defendant (i.e. attorney, consultant, investment broker, trustee) must have a fiduciary duty to the plaintiff. When there is a fiduciary duty to the plaintiff and the defendant did not act in the best interests of their client, a breach of fiduciary duty exists. https://goodshepherdmedia.net/what-is-a-fiduciary-duty-breach-of-fiduciary-duty/

The Lawyer’s Fiduciary Duties: “The 4 C’s”:

•  1. Communicate
  

  RLGL  §20 A Lawyer’s Duty to Inform and Consult with a Client

  • (1) A lawyer must keep a client reasonably informed about the matter and must consult with a client to a reasonable extent concerning decisions to be made by the lawyer…
  • (2) A lawyer must promptly comply with a client’s reasonable requests for information.
  • (3) A lawyer must notify a client of decisions to be made by the client…and must explain a matter to the extent reasonably necessary to permit the client to make informed decision regarding the representation.
    RPC 1.4 Communication
    • • (b) A lawyer shall keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information.
      • (c) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decision regarding the representattion.
         Rizzo v. Haines, 555 A.2d 58 (Pa. 1989). (duty to disclose settlement offers to client)
        FDIC v. Clark, 978 F.2d 1541 (10th Cir.1992) (duty to inform board of directors of a corporate officer’s fraud).

• 2. Conflict Avoidance (duty of loyalty)
  Maritrans v. Pepper Hamilton & Scheetz, 529 Pa. 241, 602 A.2d 1277 (1992)
  Matter of Silverman, 113 NJ 198 (1988) (doing business with clients)

• 3. Confidentiality Profit Sharing Trust v. Lampf Lipkind, 267 NJ Super 174 (Law Div. 1993)

• 4. Competence Starron v. Weinstein, 305 N.J.Super. 263, 701 A.2d 1325 

A fiduciary has several duties, The main liabilities for fiduciary of duties include:

• Duty of Care: The duty to take all due diligence in making decisions, providing counsel, or taking action.
• Duty to sensible care
• Duty of Total Loyalty: The duty of loyalty prevents a fiduciary from representing someone with a conflict in interests.
• Duty of Good Faith: Fiduciaries have a duty to obey the law in their dealings on the client’s behalf.
• Duty of Confidentiality: The fiduciary cannot disclose any information without the client’s consent.
• Duty of Prudence: Similar to the duty of care, the duty of prudence requires the fiduciary to take all due care in identifying risks and weighing options before taking action.
• Duty to Disclose: Fiduciaries must not withhold information that would affect the well-being of the client.

§49. Breach of Fiduciary Duty–Generally

In addition to the other possible bases of civil liability described in §§48 [professional negligence] 55[breach of contract and equitable relief] and 56 [liability to a non-client], a lawyer is civilly liable to a client if the lawyer breaches a fiduciary duty to the client set forth in §16(3) and if that failure is a legal cause of injury with the meaning of §53, unless the lawyer has a defense within the meaning of §54. 

§16  Lawyer’s Duties to a Client–Generally:

To the extent consistent with the lawyer’s other legal duties and subject to other provisions of this Restatement, a lawyer must, in matters within the scope of the representation:
(1) proceed in a manner reasonably calculated to advance a client’s lawful objectives, as defined by the client after consultation;
(2) act with reasonable competence and diligence;
(3) comply with obligations concerning the client’s confidences and property, avoid impermissible conflicting interests, deal honestly with the client, and not employ advantages arising from the client-lawyer relationship in a manner adverse to the client;
(4) fulfill valid contractual obligations to the client.

The California Rules of Professional Conduct also include:

• Rule 1.1 Competence: (a) A lawyer shall not intentionally, recklessly, with gross negligence, or repeatedly fail to perform legal services with competence.  For purposes of this rule, “competence” in any legal service shall mean to apply the (i) learning and skill, and (ii) mental, emotional, and physical ability reasonably* necessary for the performance of such service.
• Rule 1.3 Diligence : A lawyer shall not intentionally, repeatedly, recklessly or with gross negligence fail to act with reasonable diligence in representing a client.

• Rule 1.4 Communication with Clients (a) A lawyer shall: 
  (1) promptly inform the client of any decision or circumstance with respect to which disclosure or the client’s informed consent* is required by these rules or the State Bar Act;
  (2) reasonably* consult with the client about the means by which to accomplish the client’s objectives in the representation;
  (3) keep the client reasonably* informed about significant developments relating to the representation, including promptly complying with reasonable* requests for information and copies of significant documents when necessary to keep the client so informed; (b) A lawyer shall explain a matter to the extent reasonably* necessary to permit the client to make informed decisions regarding the representation.

• Rule 3-500: A member shall keep a client reasonably informed about significant developments relating to the employment or representation.
• Rule 4.1: A lawyer shall not make a false statement of fact or law to a third person.
• Rule 3-110: A member shall not intentionally, recklessly, or repeatedly fail to perform legal services with competence.
• Rule 3-700: A member shall not withdraw from employment in a proceeding before a tribunal without its permission.
• 6068(c). The ABA Model Rules of Professional Conduct, Rule 3.1 & 4.4, also impose a duty to the legal system which requires both that the attorney bring only meritorious claims and that they not use inappropriate means in the representation of their client that embarrass, burden, delay or violate legal rights. Barbara A. v. John G., 145 Cal.App.3d 369 (1983) (citing Herbert v. Lankershim, 9 Cal.2d 409, 483 (1937); Bacon v. Soule, 19 Cal.App. 428, 434 (1912)

In California, breach of fiduciary duty penalties includes civil remedies, civil penalties, and criminal penalties. If a breach of fiduciary duties was done with oppression, fraud, or malice (proven by clear and convincing evidence under California Civil Code § 3294) then the court may award punitive damages. According to California’s Code of Civil Procedure section 343, the statute of limitations for a breach of fiduciary duty is four years. And violates 15 U.S.C. 80a-35 – Breach of fiduciary duty and liabilities 29 U.S. Code § 1109 – Liability for breach of fiduciary duty. His responsibilities as well are §8477. Fiduciary responsibilities; liability and penalties.

WE HAVE RECORDED CONVERSATION WITH JESSE WHERE HE TELLS US WE DON’T TAKE FEMALE CASES. WE DO NOT HELP MOTHERS!

CHECK OUT THE REVIEW ABOVE? MUST BE FAKE. YOU CAN PAY FOR REVIEWS ITS EASY AND A FAST WAY TO BUILD A LIE