Petition by State Bar
Petition by State Bar
Petition by State Bar
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9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
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24 PLEASE TAKE NOTICE that Melanie J. Lawrence, Interim Chief Trial Counsel of the
25 State Bar of California (“State Bar”), by and through Deputy Trial Counsel Chelsey Smith,
26 hereby applies to this court for an order assuming jurisdiction over the law practice of James
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28 PETITION AND VERIFIED APPLICATION FOR ASSUMPTION OF JURISDICTION OVER
THE LAW PRACTICE OF JAMES LOUIS MILLER
1 Louis Miller, respondent herein, pursuant to Business and Professions Code section 6180 et seq.
3 1. The State Bar of California has standing to apply for an order of assumption over a
4 law practice of a California attorney. The State Bar of California is a constitutional agency under
5 Article VI, section 9, of the Constitution of the State of California and serves as an
6 administrative arm of the California Supreme Court in matters relating to admissions, discipline
7 and regulation of the practice of law and in matters relating to the administration of justice. .
8 Standing is also expressly afforded under Business and Professions Code section 6190.1(c).
9 2. James Louis Miller was admitted to the practice of law in the State of California on
10 June 1, 2011, under bar number 276424. Mr. Miller’s current official State Bar membership
11 records address is: 1901 Fulton St., Ste. 107, Fresno, CA 93721-1089.
12 3. Based upon the Declarations of Chelsey Smith and Emily Hutchings and the exhibits
13 thereto filed herewith, probable cause exists to believe that James Louis Miller has died and has
14 left one or more unfinished client matters for which no other active member of the State Bar,
15 with the consent of the clients, has agreed to assume responsibility. It is believed by the State
16 Bar that the interests of one or more of the clients of James Louis Miller will be prejudiced
17 unless the court assumes jurisdiction over the law practice as requested.
18 4. The State Bar is further informed and believes that it is more likely than not that this
19 application will be granted by the court and that delay in making the orders as requested will
20 result in substantial injury to clients formerly represented by James Louis Miller or to others.
21 5. This application is made pursuant to Business and Professions Code section 6180 et
22 seq. and based on the Declarations of Chelsey Smith and Emily Hutchings and the Memorandum
24 Wherefore, the State Bar submits and requests the court to find that the facts set forth in
25 Business and Professions Code section 6180 have occurred, and that the interests of a client or an
26 interested person or entity will be prejudiced if this proceeding is not maintained. The State Bar
27 further applies for an order for assumption by the court over Miller’s practice of law, and for
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28 PETITION AND VERIFIED APPLICATION FOR ASSUMPTION OF JURISDICTION OVER
THE LAW PRACTICE OF JAMES LOUIS MILLER
1 orders necessary for such an assumption, including an order appointing Melanie J. Lawrence,
2 Interim Chief Trial Counsel of the State Bar of California, and her designees, to direct and
3 perform the duties set forth in Business and Professions Code sections 6180, et seq., including
4 1. Examine, retrieve, remove, and secure in a protected area, all the files and records of
5 Miller’s law practice, located at 1901 Fulton St., Ste. 107, Fresno, CA 93721-1089,
6 Miller’s apartment located at 888 E Divisadero Ave., Apt. 101, Fresno, CA 93721, or at
7 any other address in California where reliable evidence establishes that client files or
8 records of Miller’s law practice may be stored, and obtain information as to any pending
9 matters which may require attention. The items to be retrieved, removed and secured to a
10 protected area and examined shall be as described in Attachment A;
11 2. Notify persons and entities who appear to be clients of James Louis Miller, advise them
12 of the pendency of the proceeding and reasons for the proceeding, and inform them that it
13 may be in their best interest to obtain other legal counsel;
14 3. Retain all client files retrieved, removed and secured from the law practice and distribute
19 clients where jurisdictional time limits are involved and other legal counsel has not yet
20 been obtained;
21 6. Give notice to appropriate persons and entities who may be affected, other than clients, of
22 the pendency of the proceeding and the reasons for the proceeding;
23 7. Arrange for the surrender or delivery of clients' papers and property;
24 8. Arrange for the appointment of a receiver, where applicable, to take possession and
25 control of any and all bank accounts relating to the law practice of James Louis Miller,
26 including the general or office account and the clients' trust account.
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28 PETITION AND VERIFIED APPLICATION FOR ASSUMPTION OF JURISDICTION OVER
THE LAW PRACTICE OF JAMES LOUIS MILLER
1 9. Do any other such that may be necessary or appropriate to carry out the purposes of
2 Business and Professions Code section 6180 et seq. including, but not limited to the
3 following:
6 b. Make electronic or hard copies of all electronic data and information retrieved
8 c. Retain all client files retrieved from the law practice and distribute those client
9 files to the clients;
10 d. Freeze any and all client trust and law practice bank accounts in the name of
11 James Louis Miller, Law Offices of James Louis Miller, or any and all law-office-
12 related bank accounts maintained by James Louis Miller or Law Offices of James
13 Louis Miller;
14 e. Endorse any check received by the State Bar that is made payable to the order
15 of James Louis Miller, Law Offices of James Louis Miller, or any and all law-
16 office-related bank accounts maintained by James Louis Miller or Law Offices of
17 James Louis Miller, frozen pursuant to subparagraph (d), above;
18 f. Provided that the State Bar finds a phone number or fax number that is
19 associated solely with Miller’s law practice and no other attorney’s law practice,
20 direct the appropriate telephone company or companies to disconnect any and all
21 internet connections, telephone, telefax, DSL, and pager lines associated with
22 James Louis Miller, Law Offices of James Louis Miller, and to refer all calls to a
23 specific telephone line at the State Bar, which shall be established to receive the
24 calls. If the telephone company(ies) incur actual or real costs in terminating the
25 telephone services and/or in referring callers to the State Bar, as directed by this
26 court, then the telephone company(ies) may charge to, and collect from, the State
27 Bar such costs for a duration of three (3) months so long as the cumulative
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28 PETITION AND VERIFIED APPLICATION FOR ASSUMPTION OF JURISDICTION OVER
THE LAW PRACTICE OF JAMES LOUIS MILLER
1 amount of the costs charged to the State Bar do not exceed $500.00. Any
3 g. File a change of address notification with the United States Postal Service to
4 forward all mail addressed to James Louis Miller, or the Law Offices of James
5 Louis Miller, 1901 Fulton St., Ste. 107, Fresno, CA 93721-1089, to the attention
6 of Chelsey Smith, State Bar of California, Office of Chief Trial Counsel, 845 S.
8 h. Open and examine all forwarded mail addressed to James Louis Miller, or the
9 Law Offices of James Louis Miller.
10 MOREOVER, the State Bar requests the following orders:
11 10. Any knowledgeable person found on the any of the premises of the law practice should
12 be ordered or authorized to provide to the State Bar any and all passwords and/or protocols
13 required to access the electronic data stored on any computer processing unit located at the law
14 practice or storage facility and/or removed from the law practice or storage facility pursuant to
15 this order.
16 11. Should the State Bar, in the execution of the order, find any locked storage containers
17 reasonably believed to contain law office records or files (including without limitation safes, file
18 cabinets, and lockers) at the Law Offices of James Louis Miller, located at 1901 Fulton St., Ste.
19 107, Fresno, CA 93721-1089 or at any other address in California where reliable evidence
20 establishes that client files or records of Miller’s law practice may be stored, the owner, manager,
21 or any custodian of the premises shall be ordered unlock, and provide access to, the container. If
22 such owner, manager or custodian cannot be located, any qualified locksmith shall be ordered to
23 secure entry using such devices or techniques as are standard in the industry. In the alternative,
24 the State Bar may remove such locked container and open it at another location of its choosing;
25 12. Any and all financial institutions should be ordered or authorized to provide, forthwith at
26 the time of service of a copy of this order, a true copy of signature cards, the account numbers,
27 and the last available monthly statements of any and all accounts frozen pursuant to
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28 PETITION AND VERIFIED APPLICATION FOR ASSUMPTION OF JURISDICTION OVER
THE LAW PRACTICE OF JAMES LOUIS MILLER
1 subparagraph (d), above, and should be ordered or authorized to disclose to the State Bar the
2 balance of the frozen account(s) at the time of service without further order or subpoena.
3 13. Provided that the State Bar finds a phone number or fax number that is associated solely
4 with Miller’s law practice and no other attorney’s law practice, the appropriate telephone
5 company or companies should be ordered or authorized to disconnect any and all telephone,
6 telefax, and pager lines associated with the Miller’s law practice, and to refer all calls to a
7 specific telephone line at the State Bar, which shall be established to receive the calls.
8 14. Any person having possession of any files and/or records associated with the practice of
9 law, including electronic data stored on computer processing units or in any other form or
10 format, irrespective of site, should be ordered or authorized to maintain such files and records
11 intact, without alteration or change of location, and to turn over all such files and records to the
12 State Bar.
13 15. The United States Postal Service should be authorized to enter a change of address for all
14 mail addressed to James Louis Miller, or the Law Offices of James Louis Miller, 1901 Fulton St.,
15 Ste. 107, Fresno, CA 93721-1089, to the attention of Chelsey Smith, State Bar of California,
16 Office of Chief Trial Counsel, 845 S. Figueroa Street, Los Angeles, CA 90017-2515.
17 Contemporaneously with this Application, the State Bar is seeking, ex parte, interim
18 orders appointing Melanie J. Lawrence, Interim Chief Trial Counsel of the State Bar of
19 California, and her designees, to direct and perform the duties enumerated in the moving papers,
20 prior to the noticed hearing on this application. The ex parte application is being made pursuant
21 to Business and Professions Code section 6190.4, incorporating all provisions of section 6180, et
22 seq., and the California Rules of Court, rule 3.1200, in order to prevent harm to clients from any
23 possible missed court dates or deadlines on their cases, and to prevent loss or destruction of
24 client files and records.
25 ///
26 ///
27 ///
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28 PETITION AND VERIFIED APPLICATION FOR ASSUMPTION OF JURISDICTION OVER
THE LAW PRACTICE OF JAMES LOUIS MILLER
1 The State Bar believes, based on the arguments and evidence provided herewith, that
2 public protection and the interests of Miller’s clients support only one result, that of this Court’s
6 Respectfully submitted,
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THE STATE BAR OF CALIFORNIA
8 OFFICE OF CHIEF TRIAL COUNSEL
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DATED: July 9, 2021 By:
11 Chelsey Smith
Deputy Trial Counsel
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28 PETITION AND VERIFIED APPLICATION FOR ASSUMPTION OF JURISDICTION OVER
THE LAW PRACTICE OF JAMES LOUIS MILLER
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I. INTRODUCTION
3 By reason of his death, James Louis Miller, respondent herein, has left unfinished client
4 matters for which no other active member of the State Bar, with the consent of the client, has
5 agreed to assume responsibility. The State Bar therefore seeks an order, pursuant to Business
6 and Professions Code section 6180 et seq., that the court assume jurisdiction over the law
10 of law in the State of California on June 1, 2011. (Declaration of Chelsey Smith.) Miller’s
11 current official State Bar Membership records address is 1901 Fulton St., Ste. 107, Fresno, CA
12 93721-1089. (Declaration of Chelsey Smith.) The State Bar of California has received fourteen
13 complaints about Miller from fourteen different individuals who at some point were, or are
14 currently, clients of Miller. (Declaration of Emily Hutchings.) On May 27, 2021, Fox News 26
15 reported that Miller was found deceased in his home and various issues his former clients are
16 experiencing in retrieving their case files and funds. 1 (Declaration of Chelsey Smith.) Fox News
17 26 had two previous stories about Mr. Miller originally published on May 5, 2021, and May 19,
18 2021, detailing client complaints. (Declaration of Chelsey Smith.) Miller’s death was confirmed
19 by Rena Villanueva, Miller’s legal assistant and the executor of his estate, and the Fresno County
20 coroner’s office. (Declarations of Chelsey Smith and Emily Hutchings.) On July 1, 2021, State
21 Bar Investigators Emily Hutchings and Charlie Hummell conducted a site visit to Miller’s office.
22 (Declaration of Emily Hutchings.) Villanueva provided access to the office space. (Declaration
23 of Emily Hutchings.) Villanueva also stated that Miller had files located in his apartment.
24 (Declaration of Emily Hutchings.) Miller has approximately 100 active client files located in his
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E.g., Fox News 26 May 27, 2021 news article, entitled “Local attorney who's the focus of State
27 Bar complaints found dead. What do clients do now?” (See Declaration of Chelsey Smith.)
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28 PETITION AND VERIFIED APPLICATION FOR ASSUMPTION OF JURISDICTION OVER
THE LAW PRACTICE OF JAMES LOUIS MILLER
1 office and in his apartment both in Fresno, California. (Declaration of Emily Hutchings.) As of
2 July 2, 2021, the State Bar has confirmed that Miller’s office has approximately seven file
3 cabinet drawers and 3 boxes of closed client files. (Declaration of Emily Hutchings.) Miller’s
4 office is located at 1901 Fulton St., Ste. 107, Fresno, CA 93721-1089. (Declarations of Chelsey
5 Smith and Emily Hutchings.) Miller’s apartment is located at 888 E Divisadero Ave., Apt. 101,
7 Villanueva believes that there are approximately 100 or more unfinished client matters
8 for which no other active member of the State Bar, with the consent of clients, has agreed to
9 assume responsibility. (Declaration of Emily Hutchings.)
10 III. THIS COURT HAS THE AUTHORITY TO ASSUME JURISDICTION OVER
12 Business and Professions Code section 6180 et seq. provides in substance that an
13 application for the assumption of jurisdiction over a law practice may be warranted when an
14 attorney engaged in the practice of law in this state dies, resigns, becomes an inactive member of
15 the State Bar, is disbarred or is suspended from the active practice of law and facts support the
16 belief that the attorney has left an unfinished client matter for which no other member of the
17 State Bar has, with the consent of the client, agreed to assume responsibility or the belief that the
18 interests of one or more clients of the attorney or other persons will be prejudiced. The Superior
19 Court on its own motion, a client of the attorney, the State Bar, or an interested person or entity
20 may make application which must be verified and state facts sufficient to support all of the
23 The application shall be set for hearing and an order to show cause shall be
issued, directing the attorney, or his or her personal representative, or, if none, the
24 person having custody and control of the files and records, to show cause why the
court should not assume jurisdiction over the law practice as provided in this
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article. A copy of the application and order to show cause shall be served upon
26 the person to whom it is directed by personal delivery or . . . . . by certified or
registered mail, return receipt requested, addressed to the attorney at the latest
27 address shown on the official membership records of the State Bar or to the
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28 PETITION AND VERIFIED APPLICATION FOR ASSUMPTION OF JURISDICTION OVER
THE LAW PRACTICE OF JAMES LOUIS MILLER
1 personal representative at the latest address shown in the probate proceeding.
Service is complete at the time of mailing, but any prescribed period of notice and
2 any right or duty to do any act or make any response within that prescribed period
or on a date certain after notice is served by mail shall be extended five days if the
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place of address is within the State of California, 10 days if the place of address is
4 outside the State of California but within the United States, and 20 days if the
place of address is outside the United States. If the attorney has a guardian or
5 conservator, copies shall also be served upon such fiduciary in similar manner.. . .
the court may prescribe additional or alternative methods of service of the
6 application and order to show cause, and may prescribe methods of notifying and
serving notices and process upon other persons and entities in cases not
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specifically provided for herein as an alternate method of service.
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Business and Professions Code section 6180.5 provides in relevant part:
9
If the court finds that one or more of the events stated in section 6180 has
10 occurred, and (a) that supervision of the courts is warranted because the affected
attorney has left an unfinished client matter for which no other active member of
11 the State Bar has, with consent of the client, agreed to assume responsibility or (b)
12 that the interest of one or more of the clients of the attorney or one or more other
interested persons or entities will be prejudiced if the proceeding herein provided
13 is not maintained, it may make an order assuming jurisdiction over the attorney's
practice pursuant to this article. If the person to whom the order to show cause is
14 directed does not appear, the court may make its order upon the verified
application or such proof as it may require. Thereupon the court shall appoint one
15 or more active members of the State Bar to act under its direction and may order
16 such appointed attorneys to do one or more of the following:
17 (a) Examine the files and records of the law practice, and obtain
information as to any pending matter which may require attention.
18 (b) Notify persons and entities who appear to be clients of the attorney
of the occurrence of the event or events stated in section 6180 and inform
19 them that it may be to their best interest to obtain other legal counsel.
20 (c) Apply for an extension of time pending employment of such other
counsel by the client.
21 (d) With the consent of the client, file notices, motions and pleadings
on behalf of the client where jurisdictional time limits are involved and
22 other legal counsel has not yet been obtained.
(e) Give notice to the depositor and appropriate persons and entities
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who may be affected, other than clients, of the occurrence of such event or
24 events.
(f) Arrange for the surrender or delivery of clients' papers or property.
25 (g) Arrange for the appointment of a receiver, where applicable, to
take possession and control of any and all bank accounts relating to the
26 affected attorney's practice of law, including the general or office account
and the clients' trust account.
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28 PETITION AND VERIFIED APPLICATION FOR ASSUMPTION OF JURISDICTION OVER
THE LAW PRACTICE OF JAMES LOUIS MILLER
1 (h) Do such other acts as the court may direct to carry out the purposes
of this article.
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The court shall have jurisdiction over the files and records and law practice of the
3
affected attorney for the limited purposes of this section, and may make all orders
4 necessary or appropriate to exercise this jurisdiction.
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28 PETITION AND VERIFIED APPLICATION FOR ASSUMPTION OF JURISDICTION OVER
THE LAW PRACTICE OF JAMES LOUIS MILLER
1 and the executor of his estate and the Fresno County coroner’s office. (Declarations of Chelsey
4 There is no licensed attorney who has stepped in to take over the cases, nor is there an
5 active member of the State Bar, with the consent of clients, who has agreed to assume
10 that it is more likely than not that this application will be granted and that delay in making the
11 orders will result in substantial injury to clients or to others, the court, without notice or upon
12 such notice as it shall prescribe, may make interim orders containing such provisions as the court
14 Due to the fact that there are client files containing sensitive information, it is necessary
15 for the court to act without delay in order to allow the State Bar to contact all of the clients and
16 make arrangements for the return of their files and any other assistance that can be provided to
17 them.
19 1. Examine, retrieve, remove, and secure in a protected area, all the files and records of
20 Miller’s law practice, located at 1901 Fulton St., Ste. 107, Fresno, CA 93721-1089, and
21 888 E Divisadero Ave., Apt. 101, Fresno, CA 93721, or at any other address in California
22 where reliable evidence establishes that client files or records of Miller’s law practice
23 may be stored, and obtain information as to any pending matters which may require
24 attention. The items to be retrieved, removed and secured to a protected area and
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28 PETITION AND VERIFIED APPLICATION FOR ASSUMPTION OF JURISDICTION OVER
THE LAW PRACTICE OF JAMES LOUIS MILLER
1 2. Notify persons and entities who appear to be clients of James Louis Miller, advise them
2 of the pendency of the proceeding and reasons for the proceeding, and inform them that it
4 3. Retain all client files retrieved, removed and secured from the law practice and distribute
6 4. Apply for extensions of time as necessary, pending employment of such other counsel by
7 the client;
8 5. With the consent of the client, file notices, motions and other pleadings on behalf of the
9 clients where jurisdictional time limits are involved and other legal counsel has not yet
10 been obtained;
11 6. Give notice to appropriate persons and entities who may be affected, other than clients, of
12 the pendency of the proceeding and the reasons for the proceeding;
13 7. Arrange for the surrender or delivery of clients' papers and property;
14 8. Arrange for the appointment of a receiver, where applicable, to take possession and
15 control of any and all bank accounts relating to the law practice of James Louis Miller,
16 including the general or office account and the clients' trust account.
17 9. Do any other such that may be necessary or appropriate to carry out the purposes of
18 Business and Professions Code section 6180 et seq. including, but not limited to the
19 following:
20 a. Photograph and/or videotape the execution of this order as necessary to
2 Louis Miller;
3 e. Endorse any check received by the State Bar that is made payable to the order
4 of James Louis Miller, Law Offices of James Louis Miller, or any and all law-
7 f. Provided that the State Bar finds a phone number or fax number that is
8 associated solely with Miller’s law practice and no other attorney’s law practice,
9 direct the appropriate telephone company or companies to disconnect any and all
10 internet connections, telephone, telefax, DSL, and pager lines associated with
11 James Louis Miller or the Law Offices of James Louis Miller, and to refer all calls
12 to a specific telephone line at the State Bar, which shall be established to receive
13 the calls. If the telephone company(ies) incur actual or real costs in terminating
14 the telephone services and/or in referring callers to the State Bar, as directed by
15 this court, then the telephone company(ies) may charge to, and collect from, the
16 State Bar such costs for a duration of three (3) months so long as the cumulative
17 amount of the costs charged to the State Bar do not exceed $500.00. Any
18 additional charges shall be subject to further court order;
19 g. File a change of address notification with the United States Postal Service to
20 forward all mail addressed to James Louis Miller or Law Offices of James Louis
21 Miller, 1901 Fulton St., Ste. 107, Fresno, CA 93721-1089, to the attention of
22 Chelsey Smith, State Bar of California, Office of Chief Trial Counsel, 845 S.
23 Figueroa Street, Los Angeles, CA 90017-2515; and
24 h. Open and examine all forwarded mail addressed to James Louis Miller or Law
25 Offices of James Louis Miller.
26 MOREOVER, the State Bar requests the following orders:
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28 PETITION AND VERIFIED APPLICATION FOR ASSUMPTION OF JURISDICTION OVER
THE LAW PRACTICE OF JAMES LOUIS MILLER
1 10. Any knowledgeable person found on the any of the premises of the law practice should
2 be ordered or authorized to provide to the State Bar any and all passwords and/or protocols
3 required to access the electronic data stored on any computer processing unit located at the law
4 practice or storage facility and/or removed from the law practice or storage facility pursuant to
5 this order.
6 11. Should the State Bar, in the execution of the order, find any locked storage containers
7 reasonably believed to contain law office records or files (including without limitation safes, file
8 cabinets, and lockers) at the Law Offices of James Louis Miller, located at 1901 Fulton St., Ste.
9 107, Fresno, CA 93721-1089 or at any other address in California where reliable evidence
10 establishes that client files or records of Miller’s law practice may be stored, the owner, manager,
11 or any custodian of the premises shall be ordered unlock, and provide access to, the container. If
12 such owner, manager or custodian cannot be located, any qualified locksmith shall be ordered to
13 secure entry using such devices or techniques as are standard in the industry. In the alternative,
14 the State Bar may remove such locked container and open it at another location of its choosing;
15 12. Any and all financial institutions should be ordered or authorized to provide, forthwith at
16 the time of service of a copy of this order, a true copy of signature cards, the account numbers,
17 and the last available monthly statements of any and all accounts frozen pursuant to
18 subparagraph (d), above, and should be ordered or authorized to disclose to the State Bar the
19 balance of the frozen account(s) at the time of service without further order or subpoena.
20 13. Provided that the State Bar finds a phone number or fax number that is associated solely
21 with Miller’s law practice and no other attorney’s law practice, the appropriate telephone
22 company or companies should be ordered or authorized to disconnect any and all telephone,
23 telefax, and pager lines associated with the Miller’s law practice, and to refer all calls to a
24 specific telephone line at the State Bar, which shall be established to receive the calls.
25 14. Any person having possession of any files and/or records associated with the practice of
26 law, including electronic data stored on computer processing units or in any other form or
27 format, irrespective of site, should be ordered or authorized to maintain such files and records
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28 PETITION AND VERIFIED APPLICATION FOR ASSUMPTION OF JURISDICTION OVER
THE LAW PRACTICE OF JAMES LOUIS MILLER
1 intact, without alteration or change of location, and to turn over all such files and records to the
2 State Bar.
3 15. The United States Postal Service should be authorized to enter a change of address for all
4 mail addressed to James Louis Miller or Law Offices of James Louis Miller, 1901 Fulton St.,
5 Ste. 107, Fresno, CA 93721-1089, to the attention of Chelsey Smith, State Bar of California,
6 Office of Chief Trial Counsel, 845 S. Figueroa Street, Los Angeles, CA 90017-2515.
7 16. Without further court order, the State Bar is authorized to destroy any and all client files
8 and other property, including without limitation computer(s), from Miller’s law practice which
9 remain undistributed more than two years from the date on which the permanent order is granted.
10 17. The jurisdiction of this Court over Miller’s law practice shall be terminated two years
11 from the date on which the permanent order is granted.
12 VII. CONCLUSION
13 Based upon the foregoing, the State Bar respectfully requests that this Court assume
14 jurisdiction over the law practice of James Louis Miller and appoint the State Bar of California
15 and its designees to act under its direction to obtain physical possession of the client files and
16 properties located at Law Offices of James Louis Miller, 1901 Fulton St., Ste. 107, Fresno, CA
17 93721-1089 and 888 E Divisadero Ave., Apt. 101, Fresno, CA 93721 or at any other address in
18 California where reliable evidence establishes that client files or records of Miller’s law practice
19 may be stored and undertake such other duties as may be required to protect the interests of
21 Respectfully submitted,
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28 PETITION AND VERIFIED APPLICATION FOR ASSUMPTION OF JURISDICTION OVER
THE LAW PRACTICE OF JAMES LOUIS MILLER
1 Attachment A
2 The area examined shall be those locations where client records and files are believed to
3 be kept: The Law Offices of James Louis Miller, 1901 Fulton St., Ste. 107, Fresno, CA 93721-
4 1089 and Miller’s apartment located at 888 E Divisadero Ave., Apt. 101, Fresno, CA 93721 or at
5 any other site in California where reliable evidence establishes that client files may be stored.
6 The items to be retrieved, secured and examined shall include all client files and client
7 records including, but not limited to, notes, memoranda, reports, correspondence and other
2 supporting software for data retrieval, and material describing operation of the apparatus shall be
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28 PETITION AND VERIFIED APPLICATION FOR ASSUMPTION OF JURISDICTION OVER
THE LAW PRACTICE OF JAMES LOUIS MILLER
1 VERIFICATION
2 I, the undersigned, certify and declare that I have read the foregoing Verified Application
3 for Assumption of Jurisdiction Over Law Practice and know its content. I am informed and
4 believe and on that basis allege that the statements made therein are true and correct.
5 I am a Deputy Trial Counsel for the State Bar of California, a party to this action and am
7 I declare under penalty of perjury under the laws of the State of California that the
11 BY:
Chelsey Smith
12 Declarant
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28 PETITION AND VERIFIED APPLICATION FOR ASSUMPTION OF JURISDICTION OVER THE LAW
PRACTICE OF JAMES LOUIS MILLER
DECLARATION OF CHELSEY SMITH
1 DECLARATION OF CHELSEY SMITH
2 I, Chelsey Smith, hereby declare and state:
3 1. I am over eighteen years of age and not a party to the above-entitled proceeding. The
4 statements made herein are true and correct and if called as a witness, I could and would
6 2. I am an attorney at law, duly authorized to practice in the State of California and have
7 been employed by the Office of Chief Trial Counsel of the State Bar of California (“State Bar”)
2 Millers date of death was May 26, 2021 from State Bar investigator Emily Hutchings.
3 I declare under penalty of perjury under the laws of the State of California that the foregoing
7 BY:
Chelsey Smith
8 Declarant
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28 PETITION AND VERIFIED APPLICATION FOR ASSUMPTION OF JURISDICTION OVER
THE LAW PRACTICE OF JAMES LOUIS MILLER
EXHIBIT 1
7/8/2021 Complaints filed against Fresno lawyer alleging he repeatedly missed court, misled clients |
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by Marie Edinger
Wednesday, May 5th 2021 N \
's
law office (Photo: FOX26 News)
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96 1 1 2 1 1 3
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Since running this story in FOX26's 10:00 p.m. newscast on May 5th, several people have
reached out to FOX26 saying they had the same bad experiences With Fresno attorneyjames
Miller as the other three women featured in the original story.
Jessica Barajas says her husband hired Miller around 8 years ago and were treated exactly the
same way as other people who've provided their testimony about him.
Barajas says when thejudge called her husband‘s case, Miller didn't come forward until she
and her husband confronted him.
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"He had no idea, and since he wasn't prepared thejudge wouldn't hear our case and had to
postpone it."
She says Miller never showed up to any of their hearings after that.
"
'wis office to claim the recent medical issues are to blame is a lie," said Barajas. "These
\. .en are not alone in the case. I'm sure there are years of clients like us."
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I
Dustin Wedel says he hired Miller two months ago, trying to get sole custody 0f his son. He
paid $2200 but in return, has only gotten the runaround.
Wedel was supposed to have a meeting with Miller Tuesday, May 4th, but says Miller's assistant
Rena Villanueva called the day before to postpone it until Thursday. As Wedel was driving into
town Thursday for the meeting, Villanueva called to cancel that one, too.
Wedel says Miller told him that he has a court date coming up on June 21 st, but when Wedel
called the County Clerk, he was told nothing had been filed on his behalf.
Two women have now filed complaints with the California State Bar against a family lawyer in
All three women have extremely similar stories, which match nearly identically with online
Marie Edinger
@MarieEdinger
KMPH a ’
EXCLUSIVE: 2 women have now filed complaints with the
CA State Bar, alleging Fresno attorney James Miller misled
them, missed court appearances, failed to file documents,
and ignored their calls 8L texts. A 3rd woman is working to
file a complaint, too.
Search Site
7:43 PM May
-
5, 2021 ®
They say they hired James Miller and paid thousands in upfront flat fees, only to have him
ignore their calls and texts, fail to file things with the court, and miss court dates entirely.
Nicole Garcia says she hired James Miller in August 2020 to help her get visitation rights for her
grandson.
Garcia says at first, he seemed like he was willing to fight for her case, but then she says he
started getting dodgy.
"Not returning phone calls, not returning text messages, not appearing in court a couple times,
https://kmph.com/news/IocaI/complaints—filed-against—fresno-Iawyer—a||eging-he-repeatedIy-missed-court-misled-clients 4/9
7/8/2021 Complaints filed against Fresno lawyer alleging he repeatedly missed court, misled clients |
KMPH
Nicole Garcia discusses her experience with james Miller as her attorney{ }(Video: FOX26 News}{p}{/p}
She says Miller and his assistant told her that they'd been working on her case, but told her the
courts lost some of the documentation she'd filed. In a text to Miller, Garcia explained, "I've
spoken to someone downtown and they've given me all the information on this case and sadly
it's not the courts‘ fault. They gave me dates of when you guys have done things Until now, no
one as called calendar or done anything."
Garcia says her grandson had recently turned 1 when she hired Miller. Now, he's almost 2.
"It's totally stressed me out. I'm so stressed out. You can't get that time, that big gap that |
haven't seen my grandson till now. He's taken all that from me."
Carrie Welch hired him to get her ex-husband to pay child support. She says he's missed
$40,000 in payments over the past 20 years.
She says she gave Miller $3000 upfront to hire him on, but when her first court date showed
up, he had no idea he was supposed to be representing her.
"He pulls me out and he asks me, 'Have we met?‘ and so | looked at him and said, 'You're
kidding, right?” said Welch.
https://kmph.com/news/IocaI/complaints—filed-against—fresno-Iawyer—a||eging-he-repeatedIy-missed-court-misled-clients 5/9
7/8/2021 Complaints filed against Fresno lawyer alleging he repeatedly missed court, misled clients |
KMPH
Carrie Welch tells a stog/ about herfirst time in court with james Miller as her lawyer (Video: FOX26 News}{p}{/p}
At her third court date, she said Miller simply didn't show up, and didn't send anyone to stand
in his place.
"So I'm sitting there and thejudge starts calling his name and he's a no—show," said Welch.
"Here is someone that | hired and paid a lot of money to, to represent me, to fight for me in
Miller refunded most of Welch's money, but stopped making payments months ago. Text
messages between the two of them show that he acknowledges the amount he still owes and
that he's agreed to pay it, but has missed the deadline he agreed upon.
issues but all my clients were informed," and that he had his court dates covered by other
attorneys.
When FOX26 News told Miller his clients told said otherwise, he replied "That's your opinion,"
and said he'd wait for the State Bar to conduct its own investigation, rather than interviewing.
A few hours after that exchange, Miller's assistant, Rena Villanueva, sent a statement via text.
In it, she says Miller has been in and out of the hospital for the past few months, dealing with a
vast number of medical issues, including cancer, diabetes, heart valve failure, and moderate-to-
extreme dementia.
https://kmph.com/news/IocaI/complaints—filed-against—fresno-Iawyer—a||eging-he-repeatedIy-missed-court-misled-clients 6/9
7/8/2021 Complaints filed against Fresno lawyer alleging he repeatedly missed court, misled clients |
KMPH
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Garcia and Welch both told FOX26 that if they knew about his medical problems, they would
have found a new lawyer right away. They also pointed out that Miller and Villanueva say the
medical problems are recent, but their issues with him date back years, not months.
"From July of 201 9 toJanuary 2020, he did nothing. Absolutely nothing," said Welch.
The three women FOX26 News interviewed also didn't know about a previous criminal
conviction for rape by force, and said they wouldn't have hired him if they were aware of it
before.
"I
wish | didn't turn to him and didn't trust him," said Garcia.
The California State Bar couldn’t comment on this situation specifically, but pointed FOX26 to
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.
forum
I
{a} A tawyer shah not intentlonalay, repeatedly, recklessby or with gross negligence
tail lo act with reasonable dil'rgence in representing a cliem.
{h} For purpnses of lhis rule. ”reasonable diligence“ shall mean Ihai a Jawmr acts
with commitment and dedicalion m the interests 0f the client and does nut
neglect or disregard. Dr unduty delay a legal matter enlrusled lo the lamer
Comment
[1] This rule addresses oniy a lawyer's responsibility for his or her own professional
diligence.See rules 5.1 and 5 3 with respect t0 a lawyers discipunary responsibility for
Supervismg subordinate tawyera and nomawyers
[2] See rule 1 1 wiih respect lo a lawyer's duty to perform legal services wilh
compelence.
Rule 1.4 outlines Communication standards, including "reasonably consult with the client about
the means by which to accomplish the client's objectives in the representation" and "promptly
complying with reasonable requests for information and copies of significant documents."
Rule 1.3 is Diligence -- "A lawyer hall not intentionally, repeatedly, recklessly, or with gross
negligence fail to act with reasonable diligence in representing a client" meaning the lawyer
can‘t "neglect or disregard or unduly delay a legal matter entrusted to the lawyer."
"Nobody deserves this," said Welch. "We work hard for our money, and for somebody to just
take thousands of dollars from you and not d0 anything. N0."
Garcia says she's already working on hiring a new lawyer and is considering asking for a refund
from Miller forthe $4500 she paid him upfront, as Welch did.
The State Bar says its investigations are confidential, but that if it does decide to file disciplinary
charges, that will be public and posted on the attorney's profile and the State Bar website.
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Attorney says he's closing business following complaints with State Bar and
F0x26 report
by Marie Edinger
a
Wednesday, May 19th 2021
vvw man-
diller direct
I PM, May 13
This is31m and X want to let everyone know what is going on.
Right now doctor‘s and my Illness control my life. X have been
trying to hold hope that 1 can pull myself through all this medical
stuff but it has become apparent that I can‘t and my clients are
the ones Suffering. K had no intention on getting sick.
Iknow there has been things About me on tha local news but
remember the State Bar fnvestigatas and a ruling will be made. I
would appreciate not being condemned prematurely.
I—RthU, (.all'r. (I—UXZb) — Ihe bnerIT'r's U'mce has con'rlrmedjames IVIIIIer was Tound dead In hIs home
the morning of Wednesday, May 26th.
The coroner's office will investigate the nature of his death to determine whether it was due to
Miller told clients last week that he was closing down his business. He told them they could pick up
their files, and told many they could pick up checks for refunds, instructing them to come by his
Tuesday, FOX26 News spoke with seven different clients who said they went to his office and were
met only with locked doors and darkened rooms. Wednesday, FOX26 News went to his office with
one of his clients who hired him for a divorce case in 2013, which is still open. We saw the same
thing, and people working in the building said they hadn't seen Miller in weeks.
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Shortly after FOX26 left his office, one of his clients forwarded a text from Miller's legal assistant and
longtime girlfriend, Rena Villanuevas, saying he'd passed away.
90° 114° 115°
The State Bar isn't able to comment on specific cases, but did answer what the clients' next steps
should be.
There are unfortunate instances in which an attorney dies leaving no responsible person in charge of
the law practice. In those instances, the State Bar or local county bar associations may assist in winding
down the law practice (after obtaining authorization from the Superior Court).
Yourfirst step sho uld be to contact the law ofices ofyour deceased attorney to determine whetheryo ur
file is available. Ifyou are unsuccessful, you may contact the State Bar Ofiice of Chief Trial Counsel: 800-
843-9053
FOX26 News has been reporting on a Fresno lawyer who now has a slew of clients filing complaints
against him with the State Bar.
90° 114° 115°
There are a couple of people whose. files have already bean sant
but I heard from one. the. other day that she did not receive the.
file, I mm perSonaHy look into that.
tell you anymore than I Just did. She ?S not an attorHEy and
In our first report aboutJames Miller, three different women told me he missed court dates, dodged
phone calls, failed to file documents with the court, and lied repeatedly.
Miller's legal assistant said he has been going through debilitating medical issues, but since our first
story was published, FOX26 News has spoken with more than a dozen others who've come forward
with similar stories, dating back to 201 3.
f‘
0f them is Lisa Barlow.
"There should be something in place to be able to help us with attorneys who d0 things like this,"
said Barlow.
She and several others got this message Tuesday, saying Miller is closing his practice and people can
come pick up their files. They'll need to find new lawyers, too.
9O 114 115
LIVE
"At this point, | don't know what I'm going to do. | honest don't. I've been backed into a corner. And |
feel that | have been abused all over again my Mr. Miller, after everything that | went through."
Portion ofinterview between FOX26 News Reporter and Lisa Barlow, a client ofjames Miller’s{p}{/p}
Barlow filed a complaint with the State Bar, too, but says that won't solve her case.
"I
think that it's really sad that yes, we have the Bar Association, but what good does that really do
us? If they can discipline him or pull his license, that doesn't help the women that he has victimized.
S” also called the Bar and asked for help, but got nowhere.
"I
talked to them today and basically they gave me a couple referral services for pro bono services.
Those attorneys -
| called all three. I've gotten a call back from one, who said 'We only deal with
domestic violence, we can't help you.‘ So at this point, | don't know what I'm going to do."
In Miller's letter he says, "my clients are the ones suffering," and "I
am truly sorry for how all this has
turned out," but doesn't give anyone direction on what they should do next or what will happen with
90° 114” 115C
Marie Edinger
@MarieEdinger
KMPH o y
EXCLUSIVE: 2 women
have now filed complaints with the
CA State Bar, alleging Fresno attorney James Miller misled
them, missed court appearances, failed to file documents,
and ignored their calls & texts. A 3rd woman is working to
file a complaint, too.
7:43 PM May
‘
5, 2021 (D
When FOX26 News reached out t0 Miller before, he said he would not comment 0r do an interview,
and that the state bar will come to its own determination.
90° 114° 115”
I’r
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7/8/2021 Local attorney who's the focus of State Bar complaints found dead. What do clients do now? |
KMPH
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Local attorney who's the focus of State Bar complaints found dead.
What do clients do now?
by Marie Edinger
n
Thursday, May 27th 2021
Search Site
FRESNO, Calif. (FOX26) — FOX26 News has an update t0 a story we've been following for about
a month.
° ° °
97 1 1 2 1 1 3
Miller's clients have been filing complaints with the state bar because they have been unable to
get satisfaction for their cases or get their money back.
Last week,James Miller told his clients he was shutting down his practice, and that they could
pick up their files starting Tuesday, May 25th.
Ad removed. Details
rven clients told FOX26 News that when they went by, all they saw was darkened lights
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She hired him for a divorce case inJune of 2013, and her case is still open.
“To put it into perspective, | hired him and my oldest daughter was ten years old. She has gone
through elementary school, junior high, high school, she’s about to start her second year of
college and turn 19,” said Collins. “That’s a long time for a piece of paper that says I’m not
longer married.”
Collins says her case was not particularly complex and that she feels it could have been
resolved quickly if Miller had simply sat down with her husband's attorney - something she
says he refused to do, despite her husband's attorney agreeing to the meeting.
“At the end of the day, it’s being held accountable for not doing thejob, and ethics, and not
taking advantage of people and just being professional, which we didn’t get.”
FOX26 went back to Miller’s office with Collins the next day.
Jgreed Wednesday that he would have cashier’s check, my case file, and the forms to
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2 I. INTRODUCTION
3 By reason of his death, James Louis Miller, respondent herein, has left unfinished client
4 matters for which no other active member of the State Bar, with the consent of the client, has
5 agreed to assume responsibility. The State Bar therefore seeks an order, pursuant to Business
6 and Professions Code section 6180 et seq., that the court assume jurisdiction over the law
10 of law in the State of California on June 1, 2011. (Declaration of Chelsey Smith.) Miller’s
11 current official State Bar Membership records address is 1901 Fulton St., Ste. 107, Fresno, CA
12 93721-1089. (Declaration of Chelsey Smith.) The State Bar of California has received fourteen
13 complaints about Miller from fourteen different individuals who at some point were, or are
14 currently, clients of Miller. (Declaration of Emily Hutchings.) On May 27, 2021, Fox News 26
15 reported that Miller was found deceased in his home and various issues his former clients are
16 experiencing in retrieving their case files and funds. 1 (Declaration of Chelsey Smith.) Fox News
17 26 had two previous stories about Mr. Miller originally published on May 5, 2021, and May 19,
18 2021, detailing client complaints. (Declaration of Chelsey Smith.) Miller’s death was confirmed
19 by Rena Villanueva, Miller’s legal assistant and the executor of his estate, and the Fresno County
20 coroner’s office. (Declarations of Chelsey Smith and Emily Hutchings.) On July 1, 2021, State
21 Bar Investigators Emily Hutchings and Charlie Hummell conducted a site visit to Miller’s office.
22 (Declaration of Emily Hutchings.) Villanueva provided access to the office space. (Declaration
23 of Emily Hutchings.) Villanueva also stated that Miller had files located in his apartment.
24 (Declaration of Emily Hutchings.) Miller has approximately 100 active client files located in his
25
26
1
E.g., Fox News 26 May 27, 2021 news article, entitled “Local attorney who's the focus of State
27 Bar complaints found dead. What do clients do now?” (See Declaration of Chelsey Smith.)
-8-
28 PETITION AND VERIFIED APPLICATION FOR ASSUMPTION OF JURISDICTION OVER
THE LAW PRACTICE OF JAMES LOUIS MILLER
1 personal representative at the latest address shown in the probate proceeding.
Service is complete at the time of mailing, but any prescribed period of notice and
2 any right or duty to do any act or make any response within that prescribed period
or on a date certain after notice is served by mail shall be extended five days if the
3
place of address is within the State of California, 10 days if the place of address is
4 outside the State of California but within the United States, and 20 days if the
place of address is outside the United States. If the attorney has a guardian or
5 conservator, copies shall also be served upon such fiduciary in similar manner.. . .
the court may prescribe additional or alternative methods of service of the
6 application and order to show cause, and may prescribe methods of notifying and
serving notices and process upon other persons and entities in cases not
7
specifically provided for herein as an alternate method of service.
8
Business and Professions Code section 6180.5 provides in relevant part:
9
If the court finds that one or more of the events stated in section 6180 has
10 occurred, and (a) that supervision of the courts is warranted because the affected
attorney has left an unfinished client matter for which no other active member of
11 the State Bar has, with consent of the client, agreed to assume responsibility or (b)
12 that the interest of one or more of the clients of the attorney or one or more other
interested persons or entities will be prejudiced if the proceeding herein provided
13 is not maintained, it may make an order assuming jurisdiction over the attorney's
practice pursuant to this article. If the person to whom the order to show cause is
14 directed does not appear, the court may make its order upon the verified
application or such proof as it may require. Thereupon the court shall appoint one
15 or more active members of the State Bar to act under its direction and may order
16 such appointed attorneys to do one or more of the following:
17 (a) Examine the files and records of the law practice, and obtain
information as to any pending matter which may require attention.
18 (b) Notify persons and entities who appear to be clients of the attorney
of the occurrence of the event or events stated in section 6180 and inform
19 them that it may be to their best interest to obtain other legal counsel.
20 (c) Apply for an extension of time pending employment of such other
counsel by the client.
21 (d) With the consent of the client, file notices, motions and pleadings
on behalf of the client where jurisdictional time limits are involved and
22 other legal counsel has not yet been obtained.
(e) Give notice to the depositor and appropriate persons and entities
23
who may be affected, other than clients, of the occurrence of such event or
24 events.
(f) Arrange for the surrender or delivery of clients' papers or property.
25 (g) Arrange for the appointment of a receiver, where applicable, to
take possession and control of any and all bank accounts relating to the
26 affected attorney's practice of law, including the general or office account
and the clients' trust account.
27
-10-
28 PETITION AND VERIFIED APPLICATION FOR ASSUMPTION OF JURISDICTION OVER
THE LAW PRACTICE OF JAMES LOUIS MILLER
1 related bank accounts maintained by James Louis Miller or Law Offices of James
2 Louis Miller;
3 e. Endorse any check received by the State Bar that is made payable to the order
4 of James Louis Miller, Law Offices of James Louis Miller, or any and all law-
7 f. Provided that the State Bar finds a phone number or fax number that is
8 associated solely with Miller’s law practice and no other attorney’s law practice,
9 direct the appropriate telephone company or companies to disconnect any and all
10 internet connections, telephone, telefax, DSL, and pager lines associated with
11 James Louis Miller or the Law Offices of James Louis Miller, and to refer all calls
12 to a specific telephone line at the State Bar, which shall be established to receive
13 the calls. If the telephone company(ies) incur actual or real costs in terminating
14 the telephone services and/or in referring callers to the State Bar, as directed by
15 this court, then the telephone company(ies) may charge to, and collect from, the
16 State Bar such costs for a duration of three (3) months so long as the cumulative
17 amount of the costs charged to the State Bar do not exceed $500.00. Any
18 additional charges shall be subject to further court order;
19 g. File a change of address notification with the United States Postal Service to
20 forward all mail addressed to James Louis Miller or Law Offices of James Louis
21 Miller, 1901 Fulton St., Ste. 107, Fresno, CA 93721-1089, to the attention of
22 Chelsey Smith, State Bar of California, Office of Chief Trial Counsel, 845 S.
23 Figueroa Street, Los Angeles, CA 90017-2515; and
24 h. Open and examine all forwarded mail addressed to James Louis Miller or Law
25 Offices of James Louis Miller.
26 MOREOVER, the State Bar requests the following orders:
27
-14-
28 PETITION AND VERIFIED APPLICATION FOR ASSUMPTION OF JURISDICTION OVER
THE LAW PRACTICE OF JAMES LOUIS MILLER
1 intact, without alteration or change of location, and to turn over all such files and records to the
2 State Bar.
3 15. The United States Postal Service should be authorized to enter a change of address for all
4 mail addressed to James Louis Miller or Law Offices of James Louis Miller, 1901 Fulton St.,
5 Ste. 107, Fresno, CA 93721-1089, to the attention of Chelsey Smith, State Bar of California,
6 Office of Chief Trial Counsel, 845 S. Figueroa Street, Los Angeles, CA 90017-2515.
7 16. Without further court order, the State Bar is authorized to destroy any and all client files
8 and other property, including without limitation computer(s), from Miller’s law practice which
9 remain undistributed more than two years from the date on which the permanent order is granted.
10 17. The jurisdiction of this Court over Miller’s law practice shall be terminated two years
11 from the date on which the permanent order is granted.
12 VII. CONCLUSION
13 Based upon the foregoing, the State Bar respectfully requests that this Court assume
14 jurisdiction over the law practice of James Louis Miller and appoint the State Bar of California
15 and its designees to act under its direction to obtain physical possession of the client files and
16 properties located at Law Offices of James Louis Miller, 1901 Fulton St., Ste. 107, Fresno, CA
17 93721-1089 and 888 E Divisadero Ave., Apt. 101, Fresno, CA 93721 or at any other address in
18 California where reliable evidence establishes that client files or records of Miller’s law practice
19 may be stored and undertake such other duties as may be required to protect the interests of
21 Respectfully submitted,
24
27
-16-
28 PETITION AND VERIFIED APPLICATION FOR ASSUMPTION OF JURISDICTION OVER
THE LAW PRACTICE OF JAMES LOUIS MILLER
DECLARATION OF EMILY HUTCHINGS
1
5 statements made herein are true and correct and if called as a witness, I could and would
7 2. I am employed by the Office of Chief Trial Counsel of the State Bar of California as
8 an investigator. All statements made herein are true and correct and if necessary, I could and
9 would competently testify thereto.
10 3. On May 6, 2021, I was assigned to investigate complaints filed against Mr. Miller.
11 4. The State Bar of California has received fourteen complaints about Mr. Miller from
12 fourteen different individuals who at some point were, or are currently, clients of Mr. Miller.
13 5. On May 28, 2021, Deputy Trial Counsel Chelsey Smith directed me to obtain a copy
15 6. On June 1, 2021 I spoke to Kelly Matlock from the Fresno Sheriff’s Department
17 7. On June 3, 2021, Kelly Matlock provided me with a working copy of Mr. Miller’s
19 8. The working copy of Mr. Miller’s death certificate provides Mr. Miller’s date of
21 9. On July 1, 2021, I went to Fresno, California to conduct a site visit of the law offices
23 10. We arrived at 1901 Fulton Street Unit 107, Fresno, CA at approximately 10:00am.
24 Once at the location, we were met by Mr. Miller’s secretary, Rena Villanueva, who gave us
25 access initially into the complex in which Mr. Miller’s law offices are located, and then into Mr.
26 Miller’s actual offices. Ms. Villanueva is also the executor of Mr. Miller’s estate.
27
-1-
28 PETITION AND VERIFIED APPLICATION FOR ASSUMPTION OF JURISDICTION OVER THE LAW
PRACTICE OF JAMES LOUIS MILLER
7/8/2021 Complaints filed against Fresno lawyeralleging he repeatedly missed court, misled clients |
KMPH
Search Site
I
Dustin Wedel says he hired Miller two months ago, trying to get sole custody 0f his son. He
paid $2200 but in return, has only gotten the runaround.
Wedel was supposed to have a meeting with Miller Tuesday, May 4th, but says Miller's assistant
Rena Villanueva called the day before to postpone it until Thursday. As Wedel was driving into
town Thursday for the meeting, Villanueva called to cancel that one, too.
Wedel says Miller told him that he has a court date coming up on June 21 st, but when Wedel
called the County Clerk, he was told nothing had been filed on his behalf.
Two women have now filed complaints with the California State Bar against a family lawyer in
All three women have extremely similar stories, which match nearly identically with online
Marie Edinger
@MarieEdinger
KMPH a ’
EXCLUSIVE: 2 women have now filed complaints with the
CA State Bar, alleging Fresno attorney James Miller misled
them, missed court appearances, failed to file documents,
and ignored their calls 8L texts. A 3rd woman is working to
file a complaint, too.
2 transfer of Mr. Miller’s cases and that she has not yet returned any files to Mr. Miller’s former
3 clients.
4 16. Ms. Villanueva stated she had taken no action to attempt to contact Mr. Miller’s
5 clients and that she has been “digging [her] head in the sand” since Mr. Miller’s death. Based on
6 my interview of Ms. Villanueva, the fact that she not yet arranged for the return of the client
7 files, and the fact that there appear to be 75 to 100 active client files, the State Bar’s involvement
8 is necessary to recover and distribute the client files to avoid harm to the clients’ matters.
9 17. Ms. Villanueva agreed to move all client files from the apartment to the office, as the
10 apartment has been rented to new tenants and all of Mr. Miller’s belongings need to be removed.
11 18. I photographed both rooms in the office space and Mr. Miller’s apartments. (Exhibit
12 4.)
13 I declare under penalty of perjury under the laws of the State of California that the
14 foregoing is true and correct.
15 Executed on this 9th day of July, 2021 at Los Angeles, California.
16
17 BY:
Emily Hutchings
18 Declarant
19
20
21
22
23
24
25
26
27
-3-
28 PETITION AND VERIFIED APPLICATION FOR ASSUMPTION OF JURISDICTION OVER THE LAW
PRACTICE OF JAMES LOUIS MILLER
7/8/2021 Complaints filed against Fresno lawyer alleging he repeatedly missed court, misled clients |
KMPH
Carrie Welch tells a stog/ about herfirst time in court with james Miller as her lawyer (Video: FOX26 News}{p}{/p}
At her third court date, she said Miller simply didn't show up, and didn't send anyone to stand
in his place.
"So I'm sitting there and thejudge starts calling his name and he's a no—show," said Welch.
"Here is someone that | hired and paid a lot of money to, to represent me, to fight for me in
Miller refunded most of Welch's money, but stopped making payments months ago. Text
messages between the two of them show that he acknowledges the amount he still owes and
that he's agreed to pay it, but has missed the deadline he agreed upon.
issues but all my clients were informed," and that he had his court dates covered by other
attorneys.
When FOX26 News told Miller his clients told said otherwise, he replied "That's your opinion,"
and said he'd wait for the State Bar to conduct its own investigation, rather than interviewing.
A few hours after that exchange, Miller's assistant, Rena Villanueva, sent a statement via text.
In it, she says Miller has been in and out of the hospital for the past few months, dealing with a
vast number of medical issues, including cancer, diabetes, heart valve failure, and moderate-to-
extreme dementia.
https://kmph.com/news/IocaI/complaints—filed-against—fresno-Iawyer—a||eging-he-repeatedIy-missed-court-misled-clients 6/9
From: Hutchings, Emily
To: [email protected]
Subject: James L. Miller - Death Certificate
Date: Tuesday, June 1, 2021 3:31:00 PM
Hi Kelly,
Thank you very much for returning my voicemail and for your assistance in obtaining Mr. Miller’s
death certificate (working copy). Please let me know if there is anything else I can provide you.
Kind regards,
Emily Hutchings
Investigator II | Office of Chief Trial Counsel
The State Bar of California | 845 S. Figueroa St. | Los Angeles, CA 90017
213.765.1340| [email protected]
Working to protect the public in support of the mission of the State Bar of California.
Please consider the environment before printing this email.
LinkedIn | Twitter | Facebook | Instagram
This message may contain confidential information. Unless you are the intended recipient or are
authorized to receive information for the intended recipient, you may not use, copy, or disclose the
message in whole or in part. If you have received this message in error, please advise the sender by
reply e-mail and delete all copies of the message. Thank you.
7/8/2021 Complaints filed against Fresno lawyeralleging he repeatedly missed court, misled clients |
KMPH
° ° °
96 1 1 2 1 1 3
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CAUTION: fh‘is email'origin ate'd from o‘u‘tiszid'e of th‘e organization; Do mm clickfinksuogr open attach mien‘ts unless you
regggnize »-h-1ejss.e‘r-,1dep and nowme 'gon’c‘em issajfe.
Good Morning,
Kelly
Hi Kelly,
Thank you very much for returning my voicemail and for your assistance in obtaining Mr. Miller’s
death certificate (working copy). Please let me know if there is anything else can provide you. |
Kind regards,
Emily Hutchings
Investigator ||
|
Office of Chief Trial Counsel
Working to protect the public in support of the mission of the State Bar of California.
Please consider the environment before printing this email.
Linkedln |
Twitter |
Facebook |
Instagram
This message may contain confidential information. Unless you are the intended recipient or are
authorized t0 receive information for the intended recipient, you may not use, copy, 0r disclose the
message in whole or in part. lfyou have received this message in error, please advise the sender by
reply e-mail and delete all copies 0f the message. Thank you.
EXHIBIT 3
CERTIFICATE OF DEATH
STATE OF CALIFORNIA
USE BLACK INK ONLY / NO ERASURES, WHITEOUTS OR ALTERATIONS
STATE FILE NUMBER VS-11e(REV 3/06) LOCAL REGISTRATION NUMBER
1. NAME OF DECEDENT– FIRST (Given) 2. MIDDLE 3. LAST (Family)
JAMES LEWIS MILLER
DECEDENT’S PERSONAL DATA
AKA. ALSO KNOWN AS – Include full AKA (FIRST, MIDDLE, LAST) 4. DATE OF BIRTH mm/dd/ccyy 5. AGE Yrs. IF UNDER ONE YEAR IF UNDER 24 HOURS 6. SEX
11/21/1952 68 M
Months Days Hours Minutes
9. BIRTH STATE/FOREIGN COUNTRY 10. SOCIAL SECURITY NUMBER 11. EVER IN U.S. ARMED FORCES? 12. MARITAL STATUS/SRDP* (at Time of Death) 7. DATE OF DEATH mm/dd/ccyy 8. HOUR (24 Hours)
17. USUAL OCCUPATION – Type of work for most of life. DO NOT USE RETIRED 18. KIND OF BUSINESS OR INDUSTRY (e.g., grocery store, road construction, employment agency, etc.) 19. YEARS IN OCCUPATION
21. CITY 22. COUNTY/PROVINCE 23. ZIP CODE 24. YEARS IN COUNTY 25. STATE/FOREIGN COUNTRY
26. INFORMANT’S NAME, RELATIONSHIP 27. INFORMANT’S MAILING ADDRESS (Street and number, or rural route number, city or town, state and zip)
MICHELE MILLER, WIFE 18510 N PARKVIEW PLACE APT 111, SURPRISE, AZ 85374
28. NAME OF SURVIVING SPOUSE/SRDP*–FIRST 29. MIDDLE 30. LAST (BIRTH NAME)
PARENT INFORMATION
31. NAME OF FATHER/PARENT–FIRST 32. MIDDLE 33. LAST 34. BIRTH STATE
JAMES - MILLER PA
35. NAME OF MOTHER/PARENT–FIRST 36. MIDDLE 37. LAST (BIRTH NAME) 38. BIRTH STATE
LEDA - BOLIN PA
39. DISPOSITION DATE mm/dd/ccyy 40. PLACE OF FINAL DISPOSITION
RES: MICHELE MILLER
FUNERAL DIRECTOR/
LOCAL REGISTRAR
X
Nursing Decedent’s
OWN RESIDENCE
PLACE OF
104. COUNTY 105. FACILITY ADDRESS OR LOCATION WHERE FOUND (Street and number, or location) 106. CITY
UNK
REFERRAL NUMBER
21-05-296
(Final disease or
condition resulting
in death) 109. BIOPSY PERFORMED?
(B) (BT)
Sequentially, list
conditions, if any,
YES X NO
CAUSE OF DEATH
X
resulting in death) LAST
YES NO
112. OTHER SIGNIFICANT CONDITIONS CONTRIBUTING TO DEATH BUT NOT RESULTING IN THE UNDERLYING CAUSE GIVEN IN 107
113. WAS OPERATION PERFORMED FOR ANY CONDITION IN ITEM 107 OR 112? (If yes, list type of operation and date.) 113A. IF FEMALE, PREGNANT IN LAST YEAR?
YES NO UNK
114. I CERTIFY THAT TO THE BEST OF MY KNOWLEDGE DEATH OCCURRED 116. LICENSE NUMBER 117. DATE mm/dd/ccyy
CERTIFICATION
AT THE HOUR, DATE, AND PLACE STATED FROM THE CAUSES STATED.
Decedent Attended Since Decedent Last Seen Alive u
(A) mm/dd/ccyy (B) mm/dd/ccyy 118. TYPE ATTENDING PHYSICIAN’S NAME, MAILING ADDRESS, ZIP CODE
119. I CERTIFY THAT IN MY OPINION DEATH OCCURRED AT THE HOUR, DATE, AND PLACE STATED FROM THE CAUSES STATED. 120. INJURED AT WORK? 121. INJURY DATE mm/dd/ccyy 122. HOUR (24 Hours)
X
Pending Could not be
MANNER OF DEATH Natural Accident Homicide Suicide YES NO UNK
Investigation determined
CORONER’S USE ONLY
123. PLACE OF INJURY (e.g., home, construction site, wooded area, etc.)
125. LOCATION OF INJURY (Street and number, or location, and city, and zip)
126. SIGNATURE OF CORONER / DEPUTY CORONER 127. DATE mm/dd/ccyy 128. TYPE NAME, TITLE OF CORONER / DEPUTY CORONER
° ° °
97 1 1 2 1 1 3
Miller's clients have been filing complaints with the state bar because they have been unable to
get satisfaction for their cases or get their money back.
Last week,James Miller told his clients he was shutting down his practice, and that they could
pick up their files starting Tuesday, May 25th.
Ad removed. Details
rven clients told FOX26 News that when they went by, all they saw was darkened lights
Search Site
ustrating. You a 00 do
97° 112 113
t
This was Marie Lopez’s reaction when that assistant told her the news:
"I’m angry and I'm mad. He's left me and my son victim to what’s going on — notjust me, but
everybody out there that has him as an attorney. Where do we go now?"
' '
2d cal
i
Search Site
FOX26 News reached out to the state bar to see what Miller's clients should do next. A
spokesperson said clients should contact the State Bar Office of Chief Trial Counsel at 800-843-
9053 to work on getting their files back.
You should also file an application with the Client Security Fund, which the State Bar describes
as a "discretionary fund that can reimburse clients who have lost money 0r property due t0
CAUTION: fh‘is email'origin ate'd from o‘u‘tiszid'e of th‘e organization; Do mm clickfinksuogr open attach mien‘ts unless you
regggnize »-h-1ejss.e‘r-,1dep and nowme 'gon’c‘em issajfe.
Good Morning,
Kelly
Hi Kelly,
Thank you very much for returning my voicemail and for your assistance in obtaining Mr. Miller’s
death certificate (working copy). Please let me know if there is anything else can provide you. |
Kind regards,
Emily Hutchings
Investigator ||
|
Office of Chief Trial Counsel
Working to protect the public in support of the mission of the State Bar of California.
Please consider the environment before printing this email.
Linkedln |
Twitter |
Facebook |
Instagram
This message may contain confidential information. Unless you are the intended recipient or are
authorized t0 receive information for the intended recipient, you may not use, copy, 0r disclose the
message in whole or in part. lfyou have received this message in error, please advise the sender by
reply e-mail and delete all copies 0f the message. Thank you.
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