We provide comprehensive business formation attorney services Appellant sought review of the judgment of the Superior Court of Los Angeles County (California), which dismissed, after appellee attorneys' general demurrer was sustained, a complaint filed against appellees for intentional infliction of emotional distress, which had alleged that appellees, in violation of Cal. Bar. R., Prof. Conduct R. 7-104, had threatened appellant with criminal prosecution to obtain advantage in a civil case. We provide comprehensive business formation attorney services. Appellee attorneys were retained by a client to collect a check given by appellant that had been dishonored for insufficient funds. Appellees sent a letter to appellant that allegedly threatened appellant with criminal prosecution in order to secure payment of the obligation represented by the check. Appellant filed a complaint against appellees that alleged that appellee attorneys, in violation of Cal. Bar. R., Prof. Conduct R. 7-104, had threatened appellant with criminal prosecution to obtain advantage in a civil case, that the threat was made with the intent of inflicting emotional distress, and that severe emotional distress resulted. Appellant's complaint was dismissed by the trial court after appellee's general demurrer had been sustained without leave to amend. The trial court's judgment was reversed on appeal. The court found that appellant's complaint had been sufficient to state a cause of action for intentional infliction of emotional distress. The court found that the alleged violation of Rule 7-104 was of such an extreme nature as to have been outrageous. The letter at issue was not privileged because the threat could not serve the purpose of litigation. The judgment of the court below, which dismissed appellant's intentional infliction of emotional distress action against appellees, was reversed. The court found that appellant's complaint had sufficiently stated a cause of action for intentional infliction of emotion distress where appellees were alleged to have threatened appellant with criminal prosecution to obtain an advantage in a civil case. Petitioner lawyer sought review of a decision by respondent State Bar of California that found petitioner violated Cal. Bus. & Prof. Code §§ 6067, 6068, 6103, and 6106 when petitioner failed to file a claim on behalf of a client within the statute of limitations period and then concealed that fact from her. Respondent recommended that petitioner be suspended from the practice of law for six months. Petitioner lawyer failed to file suit on behalf of his client within the statute of limitations period. Petitioner then concealed this fact from the client. Upon disclosure, a malpractice suit resulted. Respondent State Bar of California found that petitioner violated his oath and duties as an attorney, as provided in Cal. Bus. & Prof. Code §§ 6067, 6068, and 6103, and committed acts involving moral turpitude and dishonesty, in violation of § 6106. Respondent recommended the court suspend petitioner from the practice of law for six months, and petitioner contended that the recommended discipline was too severe. Petitioner alleged his payment of the client's admission fee to the hospital and his offer to pay subsequent medical expenses mitigated his conduct. The court agreed with respondent's findings that the admission payment was made to conceal petitioner's error and that the subsequent offer to pay medical expenses was to avoid a malpractice suit. The court adopted respondent's recommended sixmonth suspension and required petitioner to pass the Professional Responsibility Examination within one year.
The court adopted the recommendation of respondent State Bar of California that petitioner lawyer be suspended from the practice of law for six months. The court agreed with respondent that petitioner's payment of his client's admission to the hospital and subsequent offer to pay medical expenses did not mitigate his malpractice. The court also required petitioner to pass the Professional Responsibility Examination within one year.