Guilford v. State Bar of California

Filing 7

ORDER denying Plaintiff's ECF No. 4 Motion for Preliminary Injunction; giving Plaintiff 21 days to file a memorandum of points and authorities showing cause why this action should not be dismissed. Signed by Judge Robert C. Jones on 5/23/2017. (Copies have been distributed pursuant to the NEF - KR)

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1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 6 7 DAVID M. GUILFORD, 8 9 10 11 Plaintiff, 3:17-cv-00038-RCJ-VPC vs. ORDER STATE BAR OF CALIFORNIA, Defendant. 12 13 This case involves a constitutional challenge to Defendant State Bar of California’s 14 authority to require one of its members, Plaintiff David Guilford, to produce copies of a client 15 file for purposes of Defendant’s investigation of a bar complaint filed against Plaintiff. Now 16 pending before the Court is Plaintiff’s Motion for Preliminary Injunction. (ECF No. 4.) For the 17 reasons given herein, Plaintiff’s motion is denied. 18 Plaintiff is an attorney residing in Nevada, and licensed to practice law in Nevada and 19 California. (Mot. 5, ECF No. 4-1 at 3.) On January, 11, 2017, Defendant sent a letter to Plaintiff, 20 notifying him that a former client had made a bar complaint against him and requesting 21 information and documents for the ensuing investigation. (See Investigation Letter, ECF No. 4- 22 2.) The letter stated that Plaintiff’s client primarily accused him of not completing legal work for 23 which he was paid, and of unlawfully retaining unearned fees and client documents after the 24 representation ended. To further investigate the complaint, Defendant requested certain specified 1 of 3 1 information and “legible copies” of certain documents, including but not limited to a complete 2 copy of the complainant’s client file, all retainer agreements and engagement letters with the 3 complainant, and all billing statements provided to the complainant. Plaintiff received Defendant’s letter on January 17, 2017, and promptly filed this action 4 5 three days later, on January 20. (Mot. 6, ECF No. 4-1 at 4.) Plaintiff now moves for a 6 preliminary injunction to prevent Defendant “from demanding client files” related to the bar 7 complaint. (Id. at 5–6.) Plaintiff argues that Defendant’s investigative request amounts to a 8 deprivation of his property by the State of California, in violation of his due process rights under 9 the Fifth and Fourteenth Amendments to the U.S. Constitution. However, it appears the Court lacks jurisdiction to grant the relief Plaintiff requests, or to 10 11 hear this case. Plaintiff has alleged constitutional violations against the California State Bar as 12 sole defendant. The State Bar is entitled to Eleventh Amendment Immunity. “It is well 13 established in the Ninth Circuit that the State Bar is an arm of the State of California for Eleventh 14 Amendment purposes.” Albert v. State Bar of California, No. SACV141905DOCANX, 2015 15 WL 12683802, at *8 (C.D. Cal. Mar. 27, 2015) (citing multiple cases). “The Eleventh 16 Amendment bars suits which seek either damages or injunctive relief against a state, an ‘arm of 17 the state,’ its instrumentalities, or its agencies.” Durning v. Citibank, N.A., 950 F.2d 1419, 1422– 18 23 (9th Cir. 1991) (emphasis added) (where plaintiff alleged constitutional violations under 42 19 U.S.C. § 1983). Therefore, Plaintiff’s motion for preliminary injunction is denied, and Plaintiff is ordered 20 21 to show cause why this case should not be dismissed in its entirety based on Defendant’s 22 Eleventh Amendment immunity. 23 /// 24 /// 2 of 3 CONCLUSION 1 2 IT IS HEREBY ORDERED that the motion (ECF No. 4) is DENIED. 3 IT IS FURTHER ORDERED that Plaintiff shall file, within twenty-one days (21) of this 4 order, a memorandum of points and authorities showing cause why this action should not be 5 dismissed. 6 7 IT IS SO ORDERED. DATED: This 23rd day of May, 2017. 8 9 _____________________________________ ROBERT C. JONES United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 3 of 3

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