SAN FRANCISCO (Northern California Record) – Long Beach attorney Gaurav D. Datta faces possible disbarment by default following a recently announced California State Bar Court recommendation over alleged misappropriation in a trust account matter.
The six counts against Datta stem from allegations of intentionally misappropriating more than $87,000 in client funds over multiple occasions in 2015 and 2016, according to the eight-page decision and order of involuntary inactive enrollment issued Sept. 4 by the state bar court.
The state bar court recommended Datta be disbarred and that he pay restitution to 15 former clients. The state bar court's recommendation included an involuntary inactive enrollment order that rendered Datta 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.
Datta's recommended discipline was among the dispositions filed in September by the state bar court's hearing department. No investigations or disciplinary charges are pending against Datta, 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.
Datta, through counsel, filed a notice in March of his intent to default, stating he chose not to appear at a hearing that month, according to the recommendation. Datta also "admitted his culpability in his response to the notice of disciplinary charges and that he understood the default would result, ultimately, in his disbarment," the recommendation said.
Datta failed to participate in person or via counsel and state bar's decision and order for disbarment was entered by default. In such cases, in which an attorney fails to participate in a State Bar of California 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's entry for default was entered on March 19 and the case was submitted for decision in July.
Datta was admitted to the bar in California on April 19, 2010, according to his profile at the state bar website. Datta had no prior record of discipline before the state bar, according to the recommendation.