David Kiyoshi Arase was admitted to the California Bar 1st December 2004, but has since been disbarred. David graduated from UC Davis SOL King Hall.

Lawyer Information

NameDavid Kiyoshi Arase
First Admitted1 December 2004 (19 years, 10 months ago)
StatusDisbarred
Bar Number233705

Schools

Law SchoolUC Davis SOL King Hall (Davis CA)
Undergraduate SchoolUniversity of Southern Calif (Los Angeles CA)

Address

Current Address3857 Birch St #566
Newport Beach, CA 92660
Map

History

24 May 2013Disbarred (11 years, 4 months ago)
Disbarment 11-N-13732
21 December 2012Not eligible to practice law in CA (11 years, 9 months ago)
Ordered inactive 11-N-13732
26 August 2011Discipline, probation; no actual susp. 10-O-09495 (13 years, 1 month ago)
8 July 2011Disciplinary charges filed in State Bar Court 11-N-13732 (13 years, 3 months ago)
1 July 2011Not eligible to practice law in CA (13 years, 3 months ago)
Suspended, failed to pay fees
31 March 2011Not eligible to practice law in CA (13 years, 6 months ago)
Discipline w/actual suspension 09-O-12160
27 April 2010Disciplinary charges filed in State Bar Court 09-O-12160 (14 years, 5 months ago)
1 December 2004Admitted to the State Bar of California (19 years, 10 months ago)

Discipline Summaries

May 24, 2013

DAVID KIYOSKI ARASE [#233705], 34, of Newport Beach, was disbarred May 24, 2013 and was ordered to comply with rule 9.20 of the California Rules of Court and to pay restitution.

Arase stipulated to seven counts of misconduct. Six of the counts involved home loan modification matters specifically that Arase failed to promptly return unearned fees. He also failed to timely file a declaration confirming that he had complied with rule 9.20 as required by a prior disciplinary order. The State Bar approved the stipulation but in June 2012, the California Supreme Court returned the matter for further consideration.

After further consideration of the initial recommend discipline – one year of actual suspension – State Bar Court Judge Lucy Armendariz concluded it was insufficient to protect the public and recommended that Arase be disbarred.

“Respondent caused significant harm to vulnerable and desperate clients,” Armendariz wrote. “By failing to return unearned fees that had been advanced to him … respondent deprived his clients of a total of $21,490 – a not insubstantial amount.”

Arase has two prior disciplines. In August 2011, he received a one-year stayed suspension and three years of probation for failing to refund unearned fees to a client who paid him $6,400 to obtain a loan modification. In March 2011, he received an actual two-year suspension for collecting illegal fees for loan modification services in states where he was not authorized to practice law.

Along with his disbarment, Arase was ordered to pay $21,490 in restitution, plus interest.

August 26, 2011

DAVID KIYOSHI ARASE [#], 32, of Newport Beach was suspended for one year, stayed, and was placed on three years of probation. The order took effect Aug. 26, 2011.

Arase stipulated that he failed to refund an unearned fee to a client who paid him $6,400 to obtain a loan modification. The fee agreement included a promise to refund the fee if Arase was unable to negotiate a plan with the lender. Because Arase didn’t obtain a loan modification that was acceptable to his client, he did not earn any of the advance fee.

In mitigation, Arase cooperated with the bar’s investigation, had been in practice for less than four years at the time the misconduct began and he ended his loan modification practice.

He was disciplined in March 2011 as a result of other misconduct in relation to loan modification activities and was ordered to refund more than $120,000 to his clients.

March 31, 2011

DAVID KIYOSHI ARASE [#233705], 32, of Newport Beach was suspended for three years, stayed, placed on three years of probation with an actual two-year suspension and he was ordered to make restitution to 41 clients, take the MPRE and comply with rule 9.20 of the California Rules of court. The order took effect March 31, 2011.

Arase agreed to negotiate loan modifications for his clients. However, he was not admitted in any of the states where he had clients, with the exception of California, and stipulated that he collected illegal fees in numerous jurisdictions where he wasn’t licensed. He also agreed to refund his clients’ fees if he wasn’t able to obtain a loan modification, but he stipulated that he did not do so.

He owes his clients more than $120,000.

In mitigation, he practiced law for less than four years before the misconduct began, made substantial restitution (more than $40,000 to 14 victims) and stopped accepting loan modification cases.