# Guzzetta v. State Bar

> California Supreme Court · September 8, 1987 · 43 Cal. 3d 962

URL: https://www.frixlaw.com/law-library/cases/9537219

## Case

- **Full name:** RUDY D. GUZZETTA, Petitioner, v. THE STATE BAR OF CALIFORNIA, Respondent
- **Court:** California Supreme Court
- **Decided:** September 8, 1987
- **Citations:** 43 Cal. 3d 962; 239 Cal. Rptr. 675; 741 P.2d 172; 65 A.L.R. 4th 1; 1987 Cal. LEXIS 411
- **Precedential status:** Published
- **Opinion:** Dissent by Panelli
- **Judges:** Panelli
- **Cited by:** 30 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9537219

## Opinion text

PANELLI, J.
I respectfully dissent. Petitioner’s conduct warrants discipline but, in my view, the record falls far short of supporting suspension for a full six months. I base my conclusion on the following: (1) Petitioner, as a member of the State Bar since 1974, has had a good reputation in the legal community and is respected by judges and lawyers in his community; (2) he has no prior record of discipline; (3) petitioner did not commingle funds in August 1982 within the meaning of Rules of Professional Conduct, rule 8-101; (4) petitioner lacked the intent to deceive or defraud in the Gonzalez matter; and (5) petitioner, although his representation may not have been competent, did not withdraw from that representation in the Hernandez matter. In light of these considerations, a six-month actual suspension strikes me as an unduly harsh response to petitioner’s conduct.
Broussard, J., concurred.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9537219. Public record. Not legal advice.