Class action against Cal Bar alleges “rampant corruption”

Los Angeles—A family filed suit against the State Bar of California and
seven of its former officials. The class action alleges the State Bar knew
infamous attorney Thomas Girardi and his firm Girardi Keese were engaged in corrupt activities spanning four decades. And that 130 bar complaints were filed against Girardi in that time period. But the State Bar failed to intervene and protect the public.  Instead, the State Bar "actively concealed his wrongdoing for their own benefit."

Plaintiffs Ana and Arturo Agaton lost their six year old son to brain cancer caused by excessive levels of toxic chemicals emitted by a company in Riverside, California. The family retained Thomas Girardi to represent them in a class action against the company. In 2015, Girardi settled the class action for $31 million.

But Girardi and his firm never paid the settlement proceeds to the Agatons.   The lawsuit alleges Girardi's "incestuous relationship" with State Bar officials that were showered with cash, gifts, jewelry, meals, private jet transportation, and trips to Las Vegas.

The lawsuit names former State Bar officials as individual co-defendants including former investigator Tom Layton, former executive director Joseph Dunn, former president Howard Miller, former managing director of investigations John Noonen, former Office of Chief Trial employee Murray Greenberg, former Chief Trial Counsel Mike Nisperos, and former Assistant Chief Trial Counsel Richard Platel.

The lawsuit alleges Girardi's law firm had transferred over $600,000 to State Bar investigator Tom Leyton's business entity Layton & Layton for "consulting services"; that Girardi provided an American Express card to Layton, who charged $315,114 in personal expenses between 2013 and 2020; that Girardi paid the leases on three of Layton's luxury automobiles, while Layton was employed by the State Bar; and Girardi had guaranteed a $150,000 bank loan for Layton.

In 2023, two reports were released that the State Bar had commissioned for the purpose of investigating bar complaints filed against Girardi and his relationships with State Bar officials.

The lawsuit criticizes the State Bar's refusal to release unredacted versions of the reports. The State Bar cites "privacy grounds." The lawsuit argues "[w]hatever privacy concerns exist are far outweighed by the public's right to know what happened[.]"

The case was assigned to the Hon. Stuart M. Rice in Department 1 of the Los Angeles Superior Court's Spring Street Courthouse. The initial status conference is scheduled for December 14, 2023.

At the time of this posting, it is unknown who will represent the State Bar and individual defendants.