California Supreme Court disbars Los Angeles attorney Malanga over misappropriation of client funds

On Thursday, October 6, 2022, the Acting Chief Justice of the Supreme Court of California ruled on the disciplinary charges against Los Angeles attorney Gerald Bennett Malanga alleging misappropriation of client funds, failure to maintain funds in trust accounts, and failure to notify of receipt of client funds. The ruling disbars Malanga from the practice of law.

The case, titled In the Matter of Gerald Bennett Malanga, was brought by the Office of the Chief Trial Counsel of the State Bar, case no. 21-O-30938.

The charges cited violations of Rules 1.15(a), 1.15(d)(1) of the Rules of Professional Conduct.

The California Rules of Professional Conduct can be found in The State Bar of California.

The Notice of Disciplinary Charges dated November 19, 2021, was submitted by the Office of Chief Trial Counsel of the State Bar (OCTC), by and through Senior Trial Counsel Angie Esquivel. It alleges thirty-six counts of misconduct from October 15, 2019, and November 6, 2019, involving his failure to inform his clients of the receipt of settlement checks from  Wood, Smith, Henning, and Berman, LLP totaling $154,000, failing to maintain funds in trust accounts, and misappropriation of such funds.

Accordingly, the Supreme Court of California ruled for the disbarment of Malanga.

The Order reads:

“The court orders that Gerald Bennett Malanga (Respondent), State Bar Number 167065, is disbarred from the practice of law and that Respondent’s name is stricken from the roll of attorneys.”

Respondent was directed to make restitution to several payees named in the Order or such other recipient as may be designated by the Office of Probation or the State Bar Court (or reimburse the Client Security Fund. . . in accordance with Business and Professions Code section 61440.5).

Respondent must also pay monetary sanctions to the State Bar of California Client Security Fund in the amount of $5,000.

Mr. Malanga earned his Juris Doctorate from the Pepperdine University School of Law. He had practiced in San Diego, California. He had been licensed in California, license no. 167065. His info can be found on The State Bar of California.

A copy of the original filing can be found here.