Lawyer Loses Appeal on Contempt Ruling

The 4th District Court of Appeal on Friday upheld a judge’s order finding embattled San Diego lawyer Richard Degallegos in contempt of court for his failure to turn over a former client’s files to another attorney.

In October, Municipal Judge Lillian Lim Quon found Degallegos in contempt for misbehavior, willful neglect and violation of his duty to a client. Degallegos was sentenced to five days in jail, but he filed a petition for a writ of habeas corpus, prompting the appellate court to release him pending a hearing.

On Friday, a three-judge panel of the court heard brief oral arguments from Degallegos and Deputy County Counsel Gary Seiser before issuing their decision denying the petition. In an 11-page ruling, the panel rejected Degallegos’ claim that he was unaware that attorney Diane Campbell was seeking the files of his former client, Victoria Manriquez. The court noted that Campbell had written two letters requesting the materials.

The justices also found that Degallegos had the ability to comply with Campbell’s request to deliver the files but “willfully” failed to do so.

Degallegos, 48, said he will appeal the decision. The court ordered the lawyer to surrender at the County Jail downtown at 9 a.m. March 15 unless a reversal or a stay of the order is granted by another court.

The ruling was signed by Acting Presiding Justice Howard Wiener and Justices William Todd and Richard Huffman.

Last month, the State Bar took over Degallegos’ San Diego law practice after Superior Court Judge Michael Greer found Degallegos incapable of serving his clients. Degallegos is appealing Greer’s order. The Bar also is pressing charges against the attorney in connection with many complaints from clients who claim he failed to complete work he was paid for, missed court appearances and misappropriated funds.

Degallegos also is under investigation by the county district attorney’s office and a federal grand jury.