Tuesday, May 15, 2012

Part 1: Should attorney Roland Achtel be disqualified from this San Diego Superior Court case?

This blog has long been concerned about the fact that our legal system is often used to keep wrongdoing in schools hidden from the public, and to protect the wrongdoers. The following case is not about a public entity lawyer, but tax dollars are used to conduct cases like this.

The Bar Association seems to be happy with the current arrangement. After all, both plaintiff lawyers who represent the citizens who have been wrongly damaged, as well as the public entity lawyers who defend public officials, reap huge financial benefits from the system. Does it do any good to complain to the California Bar Association about lawyers who use unethical tactics? I doubt it. The Bar Association has officially expressed the opinion that public entity attorneys should represent the interests of public officials, not the public.

Roland Achtel

The following case, featuring attorney Roland Achtel, was discussed HERE. A motion to disqualify Judge Richard Cline was also filed.


Name of Attorney:
Attorney Roland Achtel State Bar No. 215031

Other Attorneys
Olga Alvarez State Bar No. 222557
Jenny K. Goodman State Bar. No 177828
Jennifer W Chang State Bar No. 259643

Law Firm:
Sullivan Hill Sullivan Hill Lewin Rez & Engel
550 W "C" St Ste 1500 San Diego, CA 92101
(619) 233-4100 Fax Number: (619) 231-4372
e-mail: achtel@sullivanhill.com

Location of Court:. Superior Court of California San Diego North County Dept. NC-2
Dates of Incident:. March 1, 2012 And For The Past One And a Half Years
Name of Case:. In Re David L. Bedolla Living Trust
Case No.: 37-2010-00150345-PR-TR-NC


This Complaint is not filed with the intent to ask the Office of The Chief Trial Counsel for legal advice; to correct errors, rulings, decision, or to issue an order in the case.

This Complaint if filed because we believed attorneys Roland Achtel, Olga Alvarez, Jenny Goodman, and Jennifer Chang engaged in an egregious pattern of misconduct that infringed the constitutional and statutory rights of our father their former client and our rights as petitioners in the above named action. These said acts by attorney Achtel and the above named attorneys were not isolated; rather, they reflected a disturbing and persistent pattern of conduct that is completely at odds with the standard of conduct expected of licensed attorneys in the State of California.

The above named attorneys, violated the American Bar Association rules of professional conduct; violations under Business and Professions Code; violations under California Rules of Professional Conduct; California Civil Rules of Procedure; Local Court rules; codes of conduct and ethics that are required guidelines for Members of the American Bar Association.

The above named attorneys actions were negligent, in bad faith, and violated public confidence in the integrity and impartiality of the judiciary process. The Board of Governors has the power to discipline members as provided by law for a willful breach of any of these rules.

The exhibits attached to this complaint will support our Complaint and the facts stated in this complaint as true and correct as to the event and proceedings.


In the instant, this is a Probate/Civil case about our father who is now deceased. Our father who had been married to our mother for over 58-years before he passed away. Our father and mother had nine biological children. There were no other marriages and no other children.

Our father was emotionally and financially abused, neglected, denied medical care, and died an early horrific death. He was dehydrated, had multiple bed sores, and was isolated by our youngest sister Alejandra and our brother who is now dismissed from the complaint. Alejandra and our brother exploited their relationship with our father, and through verbal threats and abuse, manipulation, fraud and undue influence bullied our father to gift my brother and Alejandra the properties he jointly owned with his wife Maria, without Maria's knowledge or consent.

Our father was diagnosed on May 14, 2007 with terminal cance. Alejandra the Respondent did not inform any of the family members of our father's terminal diagnosis including our father and mother.

Instead By May 25, 2007 Respondent Alejandra had taken our father to the Law Office of Roland Achtel to draft a living trust under the name of David L. Bedolla Living Trust. No one knew that our father was terminal or that Respondent Alejandra Bedolla had taken our father to draft a living trust.

On May 25, 2007 Respondent Alejandra wrote a check to the Achtel Law Firm APC; check number 548 from the Bank of America Bank account of David L. Bedolla and Trinidad V. Bedolla for an amount of $ 1,200.00 signed with the name of David L. Bedolla. Alejandra Bedolla send a cashier's check from her San Diego Credit Union Account to pay for the trust.

Respondent Alejandra (a). drove David L. Bedolla to the law office of Achetel Law APC, (b). wrote the checks equal to $ 2, 400 from David L. Bedolla and his wife Maria's Bank of America checking account. (c). Alejandra made herself the, "Successor Trustee" of David Bedolla L. Living Trust. Giving herself, (d). "Financial Power," (e). "Power of Attorney" and sole decision making of David L. Bedolla "Power of health and directive (f) Conservator and (g). the, "sole beneficiary of the so-called David L. Bedolla Living Trust."

Based on attorney records Achtel Law Firm APC, staff member RHA wrote: under description as a flat fee for preparation of a living trust; certificate of trust, power of attorneys, designation of conservator (s); pour-over will (s); health care directive(s); one quit claim deed; general assignment of personal property and other ancillary living trust documents. The total charges were $ 2, 400.00 from David L. Bedolla and Maria V. Bedolla Bank of America Account balance of $ 1,200.00.

Our father died on February 4, 2010, a few months later our mother was contacted by the San Diego Assessors/Recorders Office about the name change of her home property her main residence in Cardiff CA the home value at that time was $650.000. The home our mother jointly owned with our father and marital community property. This is when we found out that our youngest sister Alejandra had taken our father to the law office of Roland Achtel and caused a living trust to be transcribed. Whereby Alejandra would be the sole beneficiary of our father's marital community property estate.

We filed a Petition in Superior Court of California San Diego North County Division [July 15, 2010] in the Probate department to have the David. L. Bedolla Living Trust nullified and have the property returned to the Bedolla estate. Alejandra Bedolla being the Respondent in the Probate Petition.

The David L. Bedolla Living Trust was fraud and flawed, in many ways. The trust gifts community property belonging to our mother [her main residence/ the Bedolla estate] to Alejandra Bedolla.

• Alejandra made herself the "Successor Trustee" of David Bedolla L. Living Trust Giving herself, (d). "Financial Power," (e). "Power of Attorney" and sole decision making of David L. Bedolla "Power of health and directive (f) Conservatorship and (g). the, "sole beneficiary of the so-called David L. Bedolla estate."
• Though our father presumably paid for a conservatorship, none was established.
• Our mother did not quit claim deed the property to the trust.
• The Living Trust is a couple of dozen pages long (on or about 30-plus) written only in English.
• Our father did not speak read or write English and only had a third grade education.
• A declaration of attorney Olga Alvarez states that she personally translated the trust to our father. Yet our father never saw the trust until the day he signed it. On the day he signed the trust our father was in the hospital gravely ill from En Vibrio Cholera and under over twenty one strong medications.
• All trust communication, email, mail, calls, faxes, translations with the Achtel law firm were made by Alejandra Bedolla not our father. All and other means of communication was conducted between these above named attorneys and Alejandra Bedolla and not our father David L. Bedolla.

Respondent Alejandra Bedolla is being represented by attorney Roland Achtel and Olga alvarez from the onset of this present action. Attorney Achtel and attorney Olga Alvarez joined the law firm of Sullivan Hill Sullivan Hill Lewin Rez & Engel prior to representing Alejandra Bedolla.

Olga Alvarez

Blogger note: Sullivan Hill attorneys Roland Achtel and Olga Alvarez were named San Diego Top Attorney Semi-Finalists for The San Diego Daily Transcript’s 2011 Top Attorneys. Achtel and Alvarez were recognized in the Estate Planning/Probate & Trust category.

Further Attorney Roland Achtel has brought in two additional attorneys into the litigation Attorney Jenny K. Goodman and Jennifer Chang. We the Petitioners in the above named action are representing ourselves.

Continued HERE.
Jennifer Chang
came to Sullivan Hill in Jan. 2011. Previously, she was an attorney at Sempra Energy and Analyst at DaimlerChrysler. Education: University of San Diego School of Law and Duke University

Sullivan Hill attorney Jenny K. Goodman has experience defending professionals, including attorneys, real estate professionals and stockbrokers, for malpractice.


Anonymous said...

It sure sounds like attorney Roland achtel is a real bully.

It is very sad when attorney use bully intimidating tactics instead of the facts.

Maybe there should be a blog and a list of bully attorneys.

One cannot rely or trust on the Bar Association to monitor and sanction bad attorneys.

Anonymous said...


While both professional and unprofessional behavior can be readily identified when witnessed, various authors have attempted to define professionalism, which is also known as civility. One author, struggling with the difference between ethics and professionalism, states that “the basic distinction between ethics and professionalism is that rules of ethics tell us what we must do and professionalism teaches us what we should do.”9 The U.S. District Court for the Southern District of New York explained that “[c]ivility refers to ‘more than surface politeness; it is an approach that seeks to diminish rancor, to reconcile, to be open to nonlitigious resolution.’”10 Civility is inconsistent with “Rambo” lawyering, which includes:

a mindset that litigation is war and that describes trial practice in military terms.
a conviction that it is invariably in your interest to make life miserable for your opponent.
a disdain for common courtesy and civility, assuming that they ill-befit the true warrior.
a wondrous facility for manipulating facts and engaging in revisionist history.
a hair-trigger willingness to fire off unnecessary motions and to use discovery for intimidation rather than fact-finding.
an urge to put the trial lawyer on center stage rather than the client or his [or her] cause


Anonymous said...

Take a look at another case in which Judge Cline favors his legal cronies over pro-pers in the comment section :

Anonymous said...

Roland Achtel is a very good attorney dealing with estates and wills.His work is excellent. Sounds to me like the problem lies with the siblings.

Maura Larkins said...

You are quite right that there was a problem with the siblings. One of the problems was that BOTH parents had gone off separately and paid lawyers to create trusts with community property--without the consent of the other spouse!

Two different lawyers were happy to take money to create improper trusts, and one of those lawyers took even more money to defend the improper trust.

How many probate lawyers would be left if we disqualified all those who exploit people with problems?

Anonymous said...

Sorry Roland Achtel is NOT a good attorney. What he did in this case is ILLEGAL. Besides there are a lot of complaints against him.

Anonymous said...

Sounds to me like nothing more than greed by the petitioners. All I've seen here is one sided.

Anonymous said...

The problem is not the attorney, the attorney had no idea the siblings were fighting. This is a fight between kids, has nothing to do with Roland, who is a great lawyer.