SAN FRANCISCO (Northern California Record) — Seal Beach attorney Marlon Magdadaro Alo faces disbarment by default following a California State Bar Court recommendation regarding five counts of misconduct stemming from two correlated matters.
Among other things, Alo was alleged to have misappropriated more than $41,500 in entrusted client funds, failed to respond to his client's inquiries and failed to cooperated in a disciplinary investigation, according to the seven-page decision and order of involuntary inactive enrollment issued July 18 by the state bar court. Alo also allegedly failed to comply with the conditions of his probation, including submitting quarterly reports, undergoing a psychiatric evaluation and providing proof of Alcoholics Anonymous meeting attendance.
No other disciplinary matters are pending against Alo, according to the decision and order.
Alo failed to participate in person or via counsel and state bar's decision and order for disbarment was entered by default. In cases in which an attorney fails to participate in a California State Bar disciplinary proceeding despite adequate notice and opportunity, the bar invokes Rule 5.85, which provides the procedure for the state bar to recommend an attorney's disbarment.
The state bar court's recommendation included an involuntary inactive enrollment order that rendered Alo involuntarily enrolled as an inactive member of the State Bar of California. That order was effective three calendar days after service, according to the recommendation.
The state bar's recommendation is pending final action by the California Supreme Court, an appeal before the state bar's review department or expiration of time in which parties may request further review within the state bar court.
Alo's recommended discipline was among the dispositions filed by the state bar court's hearing department for July.
Alo was admitted to the bar in California on Dec. 11, 1989, according to his profile at the state bar website.
In a previous discipline, Alo received a fully stayed two-year suspension in October 2013 and was placed on three years probation with six months of actual suspension following his conviction the previous year over harassing phone calls to another attorney, according to the decision and order and information on his state bar profile.