Opinion
S240005
07-12-2017
CANDELARIA ON DISCIPLINE
Order filed
Due to clerical error on the part of the State Bar of California. The order of this court filed June 23, 2017, suspending GUY FRANK CANDELARIA, is hereby amended to read in its entirety:
“The court orders that GUY FRANK CANDELARIA, State Bar Number 175401, is suspended from the practice of law in California for one year, execution of that period of suspension is stayed, and he is placed on probation for one year subject to the following conditions:
1. GUY FRANK CANDELARIA is suspended from the practice of law for a minimum of the first 30 days of probation, and he will remain suspended until the following conditions are satisfied:
i. He makes restitution to the following payees (or reimburses the Client Security Fund, to the extent of any payment from the fund to the payees, in accordance with Business and Professions Code section 6140.5) and furnishes proof to the State Bar's Office of Probation in Los Angeles:
Mario and Yolanda Santizo in the amount of:
(a) $1,200 plus 10 percent interest per year from February 13, 2014;
(b) $1,500 plus 10 percent interest per year from March 11, 2014;
(c) $1,500 plus 10 percent interest per year from March 26, 2014;
(d) $1,500 plus 10 percent interest per year from March 28, 2014;
(e) $1,000 plus 10 percent interest per year from April 15, 2014;
(f) $1,000 plus 10 percent interest per year from April 29, 2014;
(g) $1,000 plus 10 percent interest per year from May 14, 2014;
(h) $1,000 plus 10 percent interest per year from May 30, 2014;
(i) $1,000 plus 10 percent interest per year from July 1, 2014;
(j) $1,000 plus 10 percent interest per year from August 1, 2014;
(k) $1,000 plus 10 percent interest per year from August 15, 2014;
(l) $1,000 plus 10 percent interest per year from August 30, 2014;
(m) $1,000 plus 10 percent interest per year from October 1, 2014;
(n) $1,000 plus 10 percent interest per year from November 1, 2014;
(o) $1,000 plus 10 percent interest per year from December 2, 2014;
(p) $1,000 plus 10 percent interest per year from January 9, 2015;
(q) $1,000 plus 10 percent interest per year from February 5, 2015; and
(r) $1,000 plus 10 percent interest per year from March 2, 2015.
ii. If he remains suspended for two years or more as a result of not satisfying the preceding condition, he must also provide proof to the State Bar Court of his rehabilitation, fitness to practice and present learning and ability in the general law before his suspension will be terminated. (Rules Proc. of State Bar, tit. IV, Stds. for Atty. Sanctions for Prof. Misconduct, std. 1.2(c)(1).)
2. GUY FRANK CANDELARIA must also comply with the other conditions of probation recommended by the Hearing Department of the State Bar Court in its Order Approving Stipulation filed on December 1, 2016.
3. At the expiration of the period of probation, if GUY FRANK CANDELARIA has complied with all conditions of probation, the period of stayed suspension will be satisfied and that suspension will be terminated.
GUY FRANK CANDELARIA must also take and pass the Multistate Professional Responsibility Examination within one year after the effective date of this order, or during the period of his suspension, whichever is longer and provide satisfactory proof of such passage to the State Bar's Office of Probation in Los Angeles within the same period. Failure to do so may result in suspension. (Cal. Rules of Court, rule 9.10(b).)
If GUY FRANK CANDELARIA remains suspended for 90 days or more, he must also comply with rule 9.20 of the California Rules of Court and perform the acts specified in subdivisions (a) and (c) of that rule within 120 and 130 calendar days, respectively, after the effective date of this order.
Costs are awarded to the State Bar in accordance with Business and Professions Code section 6086.10 and are enforceable both as provided in Business and Professions Code section 6140.7 and as a money judgment. One-third of the costs must be paid with his membership fees for each of the years 2018, 2019, and 2020. If GUY FRANK CANDELARIA fails to pay any installment as described above, or as may be modified by the State Bar Court, the remaining balance is due and payable immediately.”