Rudy David Guzzetta was admitted to the California Bar 18th June 1974, but is now resigned. Rudy graduated from Santa Clara University SOL.

Lawyer Information

NameRudy David Guzzetta
First Admitted18 June 1974 (49 years, 11 months ago)
StatusResigned
Bar Number59450

Contact

Phone Number408-295-5100

Schools

Law SchoolSanta Clara University SOL (Santa Clara CA)
Undergraduate SchoolSan Jose State University (San Jose CA)

Address

Current Address870 N 1st St
San Jose, CA 95112
Map

History

21 July 2007Resigned (16 years, 9 months ago)
Resignation with charges pending 07-Q-11621
27 April 2007Not eligible to practice law in CA (17 years ago)
Vol.inactive(tender of resign.w/charges) 07-Q-11621
25 September 2003Active (20 years, 7 months ago)
21 December 2002Not eligible to practice law in CA (21 years, 4 months ago)
Actual Suspension Delayed 97-O-16147
4 December 2002Probation with conditions 97-O-16147 (21 years, 5 months ago)
4 May 2001Disciplinary charges filed in State Bar Court 97-O-16147 (23 years ago)
21 June 2000Discipline, probation; no actual susp. (23 years, 10 months ago)
14 May 1998Disciplinary charges filed in State Bar Court 97-O-14449 (25 years, 12 months ago)
19 August 1993Discipline, probation; no actual susp. 90-O-18085 (30 years, 8 months ago)
22 May 1992Disciplinary charges filed in State Bar Court 91-O-04626 (31 years, 11 months ago)
3 October 1991Disciplinary charges filed in State Bar Court 90-O-18085 (32 years, 7 months ago)
28 April 1988Active (36 years ago)
8 October 1987Not eligible to practice law in CA (36 years, 7 months ago)
Discipline w/actual suspension
16 July 1985Disciplinary charges filed in State Bar Court 11-4-00084 (38 years, 10 months ago)
18 June 1974Admitted to the State Bar of California (49 years, 11 months ago)

Discipline Summaries

December 4, 2002

RUDY DAVID GUZZETTA [#59450], 56, of San Jose was suspended for one year, stayed, placed on two years of probation with a nine-month actual suspension and was ordered to comply with rule 955. The order took effect Dec. 4, 2002, with the exception of the actual suspension, which took effect Dec. 21.

Guzzetta stipulated to misconduct in three cases.

He represented a client in three matters and represented the man's girlfriend in two matters. The man's family paid Guzzetta $3,000 to defend the girlfriend in a homicide as well as other matters in criminal and juvenile court. The couple had a 3-year old daughter who died, and both were suspects in her death. Eventually, only the mother was charged.

Guzzetta did not provide the mother, who spoke little English, with a written document outlining possible adverse consequences if he represented both parties. She did not provide written consent to his dual representation.

He also did not tell the woman that her boyfriend's family was paying for her defense, and did not tell either party that, regardless of who paid the legal fees, he would keep the mother's secrets inviolate and the boyfriend's family could not make any material decisions regarding the girlfriend's case.

Guzzetta did not properly investigate the murder case, cross-examine the boyfriend when he testified against his girlfriend at the preliminary hearing, properly advise his client of the ramifications of her no contest plea, examine pertinent medical reports, review key police reports or review the pre-sentence report with his client.

He failed to appear at two hearings. The client was sentenced to 15 years in prison.

Guzzetta stipulated that he failed to perform legal services competently, represented adverse interests, and accepted compensation to represent a client from someone other than the client.

In another case, he was retained to obtain a guardianship of his client's granddaughter. The client paid $500 in advance fees and $200 towards filing fees. Guzzetta's office told the client two hearings were scheduled, but she needed only to attend the second.

The client met Guzzetta at the courthouse, but the case was not on the docket. Guzzetta told her the court had made a mistake and he would have it corrected. He did not respond to four phone calls from her, so she dismissed him.

When Guzzetta contacted her and assured her he would work on the case, the client reconsidered and agreed to allow him to proceed with the case. He again failed to file a petition for guardianship and the client fired him again.

Guzzetta stipulated that he failed to perform legal services competently or refund unearned fees.

In the third case, Guzzetta advised his client to accept a plea bargain in a child molestation case which provided for 21 years in prison. Guzzetta had done virtually no work on the case.

He subsequently was replaced by another attorney, who advised the client to withdraw his guilty plea. The motion was granted due to ineffective counsel. The client subsequently agreed to a plea bargain providing for eight years in prison.

Guzzetta stipulated to another count of failing to provide competent legal services. He has three previous disciplines.

June 21, 2000

RUDY DAVID GUZZETTA [#59450], 53, of San Jose was suspended for one year, stayed, placed on one year of probation and was ordered to take the MPRE within one year. The order took effect June 21, 2000.

Guzzetta stipulated that in two matters, he did not return client papers and property, despite the repeated requests of his clients.

In both matters, he represented criminal defendants. After each was convicted, they were represented by new attorneys to appeal their convictions. When the appellate lawyers sought the files, Guzzetta did not provide them. In one matter, a paralegal went to Guzzetta’s office to retrieve the file.

Guzzetta also did not cooperate with the bar’s investigation.

He has two records of discipline, in 1987 and 1993, for misconduct including failure to perform legal services competently and failure to properly preserve client funds.

In mitigation, Guzzetta was suffering from physical difficulties at the time of the misconduct.