James Henry Pasto was admitted to the California Bar 7th January 1971, but has since been disbarred. James graduated from University of San Diego SOL.
Lawyer Information
| Name | James Henry Pasto |
|---|---|
| First Admitted | 7 January 1971 (53 years, 4 months ago) |
| Status | Disbarred |
| Bar Number | 48445 |
Contact
| Phone Number | 619-281-7714 |
|---|---|
| Fax Number | 619-281-8801 |
Schools
| Law School | University of San Diego SOL (San Diego CA) |
|---|---|
| Undergraduate School | San Diego State University (San Diego CA) |
Address
| Current Address | 4010 Hicock St San Diego, CA 92110 |
|---|---|
| Map |
History
| 20 December 2014 | Disbarred (9 years, 4 months ago) Disbarment 13-O-10125 |
|---|---|
| 30 June 2014 | Not eligible to practice law in CA (9 years, 10 months ago) Ordered inactive 13-O-10125 |
| 16 December 2013 | Not eligible to practice law in CA (10 years, 4 months ago) Vol.inactive(tender of resign.w/charges) 13-Q-17765 |
| 11 December 2013 | Disciplinary charges filed in State Bar Court 13-O-10125 (10 years, 4 months ago) |
| 11 August 2012 | Not eligible to practice law in CA (11 years, 8 months ago) Discipline w/actual suspension 09-O-13575 |
| 8 January 1982 | Active (42 years, 4 months ago) Discipline w/actual suspension; credit for prior ineligibility |
| 1 August 1980 | Not eligible to practice law in CA (43 years, 9 months ago) Interim suspension after conviction |
| 7 January 1971 | Admitted to the State Bar of California (53 years, 4 months ago) |
Discipline Summaries
December 20, 2014 JAMES HENRY PASTO [#48445], 70, of San Diego, was disbarred Dec. 20, 2014 and ordered to comply with rule 9.20 of the California Rules of Court. Pasto stipulated to accepting compensation for representing a client from someone other than the client without the client’s consent, committing an act involving moral turpitude and failing to take steps to avoid reasonably foreseeable prejudice to his client, inform a client of significant developments in a matter or comply with rule 9.20. In March 2012, Pasto was hired to represent a defendant in a criminal case and shortly thereafter accepted payment of $25,000 in fees from the defendant’s mother without getting permission from the client. That August, a disciplinary order went into effect whereby Pasto was suspended for 30 months. At that point, Pasto informed the client that another attorney would be substituting in as counsel in the criminal case. No substitution form was filed, however, and the other attorney later said he would not be taking the case. At no point did Pasto withdraw as the client of record in the case. On Oct. 15, 2012, the court appointed a public defender as the client’s new counsel. In addition, following his 2012 suspension Pasto filed a rule 9.20 compliance declaration in which he stated he had no clients, had no papers or other property to which clients were entitled, had earned all fees paid to him, and did not represent any clients in pending matters. Those representations were false. He also did not notify the client of his suspension or advise him to seek legal help elsewhere. In addition, he did not notify the court he was suspended. In mitigation, he entered into a pretrial stipulation with the State Bar. Pasto had two prior records of discipline. In 2012, he was suspended after stipulating to five counts of misconduct including breaching his fiduciary duty, failing to account for trust property he received, commingling funds and violating the probate code. In 1982, he was suspended as a result of his conviction for offering false evidence. August 11, 2012 JAMES HENRY PASTO, 67, of San Diego was suspended for four years, stayed, placed on five years of probation with an actual 30-month suspension and until he proves his rehabilitation and he was ordered to take the MPRE and comply with rule 9.20 of the California Rules of Court. The order took effect Aug. 11, 2012. Pasto stipulated to five counts of misconduct in a trust matter including breaching his fiduciary duty, failing to account for trust property he received, commingling funds and violating the Probate Code. As a result of his negligent record-keeping as trustee of a trust, an accurate accounting of transactions in the trust cannot be made. His actions also resulted in litigation.A brother and sister hired Pasto to represent their interests in an action against several trustees of one of their mother’s two trusts. As part of a settlement, Pasto became trustee and took delivery of $1 million in cash from the sale of property. The assets were to be divided between the brother and sister, Serena Birch. Serena had a history of substance and alcohol abuse and trusted Pasto as her adviser and financial manager.Pasto opened a bank account for the trust in his own name in 2003; it held more than $1 million but by 2007 the balance stood at zero. He deposited personal checks in the account and used $475,000 that belonged to Birch and $12,000 of his own money to buy a piece of property in San Diego. Birch signed a complicated agreement, never notarized or filed, purporting to waive Pasto’s duty to account for trust funds. He also deeded the property to himself and his wife. Nothing was ever filed that showed Birch had any interest in the property.Pasto refinanced the property and deposited $335,704.91 in the trust but subsequently withdrew $210,000 that he deposited in a Morgan Stanley account held in his name only. He also used Birch’s funds to remodel the house, and when it was rented did not give her any rent payments. Pasto sold the house for a profit but never designated how much of the profit was due Birch.He also used trust funds to buy a recreational vehicle that was not in Birch’s name and withdrew other funds that he didn’t account for. He did distribute $486,932 to the brother but never accounted for funds he held. When the brother tried to have Pasto removed as trustee, Pasto said he had disbursed a total of $1,032,136.70 to the trust’s beneficiaries.He prepared a will for Birch giving himself $15,000 to be held in trust for her dog. She signed a document saying she had received all trust money to which she was entitled. She committed suicide two days later and had no identifiable assets at the time.Pasto was suspended as trustee after failing to disclose several material facts about the trust and for submitting an inaccurate and incomplete accounting of trust monies to the court. He ultimately was ordered to give the brother $90,000 and provide $240,000 and other property and money to a successor trustee.Pasto admitted he used trust property for his own profit or purposes not connected to the trust; obtained an advantage over a beneficiary by entering into a transaction with her; never fully accounted for trust money; and while still trustee, he drafted a last will and testament for Birch nominating himself as executor of her estate, knowing he would have sole standing to object, on behalf of her estate, to any allegations of wrongdoing on his part as trustee.He was disciplined in 1981 following a conviction for offering false evidence. |