In Re Aguilar

On February 18, 2004, we ordered Attorney Raul V. Aguilar and Attorney Allen J. Kent to show cause before this court why each should not be held in contempt of court for the willful neglect of the duty to appear for oral argument before this court in Aguilar v. Lerner (2004) 32 Cal.4th 974 [ 12 Cal.Rptr.3d 287 , 88 P.3d 24 ] on February 10, 2004. Each attorney filed a return and thereafter appeared before this court, by counsel and in person, on March 9, 2004, providing statements and arguments and answering questions posed by the court.

On March 17, 2004, after considering the returns to the order to show cause, the declarations and other written submissions by both attorneys and counsel, and the oral presentations before this court on March 9, 2004, we issued an order declining to discharge the order to show cause, retaining jurisdiction over the contempt matter, and referring this matter to the State Bar Court for further investigation, an evidentiary hearing or hearings, and a *389 report to this court on specified questions. 1 The State Bar Court conducted an investigation, held a two-day evidentiary hearing, and submitted a 26-page report to this court on April 30,…

I agree with the majority in holding Attorney Raul V. Aguilar in contempt of court, fining him $1,000, and referring him to the State Bar. Unlike the majority, however, I would not hold Attorney Allen J. Kent in contempt nor fine him $250.

The majority describes this court’s order of January 14, 2004, setting the case of Aguilar v. Lerner for oral argument on February 10, 2004, as “a sufficiently specific order directing counsel’s presence before this court at the designated time and place.” (Maj. opn., ante, at p. 390, italics added.) But Attorney Kent was not counsel of record for plaintiff Aguilar in that case. Kent’s employer, the law firm of Aguilar & Sebastinelli, was. Thus, after Kent’s departure from the firm, the latter had the responsibility of seeing to it that an attorney other than Kent would appear for the scheduled oral argument.

Once Kent left the law firm of Aguilar & Sebastinelli, he had no obligation to appear for oral argument before this court on behalf of Aguilar, his former employer and the plaintiff in Aguilar v. Lerner. Kent’s departure did not absolve him of the duty to remind Aguilar of the upcoming oral argument so Aguilar could assign another…

Raul V. Aguilar, in pro. per.; Rogers Joseph O'Donnell & Phillips, Pamela Phillips, Miranda Kane and Sean M. SeLegue, San Francisco, for Raul V. Aguilar.

Philip Scott Ryan for Allen J. Kent.

THE COURT.

On February 18, 2004, we ordered Attorney Raul V. Aguilar and Attorney Allen J. Kent to show cause before this court why each should not be held in contempt of court for the willful neglect of the duty to appear for oral argument before this court in Aguilar v. Lerner (2004) 32 Cal.4th 974 , 12 Cal.Rptr.3d 287 , 88 P.3d 24 on February 10, 2004. Each attorney filed a return and thereafter appeared before this court, by counsel and in person, on March 9, 2004, providing statements and arguments and answering questions posed by the court.

On March 17, 2004, after considering the returns to the order to show cause, the declarations and other written submissions by both attorneys and counsel, and the oral presentations before this court on March 9, 2004, we issued an order declining to discharge the order to show cause, retaining jurisdiction over the contempt matter, and referring this matter to the State Bar Court for further investigation, an evidentiary hearing or hearings, and a…