Henry Richard Gaxiola was admitted to the California Bar 7th December 1988, but has since been disbarred. Henry graduated from USC Law School.
Lawyer Information
| Name | Henry Richard Gaxiola |
|---|---|
| First Admitted | 7 December 1988 (35 years, 5 months ago) |
| Status | Disbarred |
| Bar Number | 138498 |
Contact
| Current Email | [email protected] |
|---|
Schools
| Law School | USC Law School (Los Angeles CA) |
|---|---|
| Undergraduate School | California St University (Los Angeles CA) |
Address
| Current Address | 6311 Emerald St Alta Loma, CA 91701 |
|---|---|
| Map | |
| Previous Address | 3250 E Willow St Signal Hill, CA 90755 |
| Previous Address | 6311 Emerald St Rch Cucamonga, CA 91701-3308 |
| Previous Address | 9300 Santa Anita Ave, Ste 100 Rch Cucamonga, CA 91730-6145 |
History
| 21 June 2012 | Disbarred (11 years, 10 months ago) Disbarment 11-O-12742 |
|---|---|
| 23 December 2011 | Not eligible to practice law in CA (12 years, 4 months ago) Ordered inactive 11-O-12742 |
| 17 October 2011 | Disciplinary charges filed in State Bar Court 11-O-12742 (12 years, 6 months ago) |
| 21 August 2011 | Discipline, probation; no actual susp. 09-O-15770 (12 years, 8 months ago) |
| 28 September 2004 | Active (19 years, 7 months ago) |
| 16 September 2004 | Not eligible to practice law in CA (19 years, 7 months ago) Admin Inactive/MCLE noncompliance |
| 7 December 1988 | Admitted to the State Bar of California (35 years, 5 months ago) |
Discipline Summaries
June 21, 2012 HENRY RICHARD GAXIOLA, 52, of Fontana was disbarred June 21, 2012, and was ordered to make restitution and comply with rule 9.20 of the California Rules of Court. Gaxiola stipulated to 12 acts of misconduct in four matters, including misappropriating almost $24,000 from one client and more than $42,000 from another.In one of those matters, he filed a lawsuit against an adult daycare facility for assault on his client’s sister. The suit settled for $175,000 and although he should have kept $51,576.24 in his client trust account for the special needs victim, he used the money to pay third party loan processing fees, other clients’ judgments and settlements and for other personal uses. He allowed the balance in the account to fall below $9,000. He deposited two personal checks in his trust account to bring the balance to the required amount after the court appointed a probate attorney.He stipulated that he failed to maintain client funds in trust, misappropriated at least $42,699.39, committing acts of moral turpitude, and he commingled personal and client funds.In a divorce case, he received $40,000 for his client as part of the proceeds from the sale of the family home. Although he deposited the funds in a client trust account and apparently made some court-ordered distributions, he misappropriated $23,921. When the court ordered the distribution of that amount to the opposing party and her attorney, he did not pay any money until after various orders to show cause for contempt were issued. Gaxiola stipulated that he failed to maintain client funds in trust, misappropriated client funds, committing an act of moral turpitude, and he disobeyed a court order.He failed to perform legal services competently by not filing a motion to set aside his client’s default in another matter, and did not provide the client’s file to a new lawyer or refund any of a $2,500 advance fee.He also did not perform competently in another case in which his client won a judgment of $12,000. Gaxiola did not prepare a statement of decision, as requested by the court, nor did he respond to the opposing counsel’s offer to settle the case for $6,000 and a dismissal of the action without a judgment. He didn’t tell his client about the offer.After he provided a draft statement eight months late, the opposing counsel said the delay was grounds for a mistrial. He later offered to settle for $5,000. Gaxiola never responded and did not provide the terms of the offer to his client in writing.He stipulated that he failed to communicate with his client or respond to reasonable status requests.Gaxiola was privately reproved in 2006 and placed on two years probation in 2011 for failing to perform legal services competently, return client files, promptly refund unearned fees, communicate with clients or cooperate with the bar’s investigation. In mitigation, he stipulated to disbarment.August 21, 2011 HENRY RICHARD GAXIOLA, 52, of Fontana was suspended for one year, stayed, placed on two years of probation and was ordered to take the MPRE within one year. The order took effect Aug. 21, 2011. Gaxiola stipulated to six counts of misconduct in two matters.He substituted into a case in which his client already had filed a complaint against her lender and other defendants. The court granted one defendant’s motion to dismiss with an option for Gaxiola to file an amended complaint. He failed to do so or tell the client the status of her complaint, which was dismissed with prejudice. The client was unable to contact Gaxiola, who did not provide a refund or return client documents, requested. Gaxiola also failed to respond to a State Bar investigator.He stipulated that he failed to provide legal services competently, respond to his client’s status inquiries, refund advance fees, return a client file or cooperate with the bar’s investigation.Gaxiola also provided no legal services of value to a client who paid him a $4,750 fee to handle a loan modification. He contacted his client’s lender and submitted a loan modification package consisting of financial records.Gaxiola was privately reproved in 2006. In mitigation, he cooperated with the bar’s investigation. |