Jun 18, 2015

Timothy Littlefield's past appellate lawyer suspended from State Bar and still continued to represent him for 5 months

Katherine Demgen who was appointed as Timothy Littlefield's attorney for his appeal failed to file a brief by the deadline and was notified in January 2015. A time extension was requested and finally in May 2015, the case was fully briefed. A week later, Richard Such was appointed on this case as attorney and Ms. Demgen's appointment was vacated. In June 2015, a letter regarding Ms. Demgen's suspension was received.

Timothy Littlefield has been accused of molesting a female minor victim and in his first vtrail, the jury deadlocked 11 to 1. In his second trial, he was found guilty of 11 molestation charges but a mistrial was declared after the verdict. The Judge's decision in the second trial is being appealed.

If you are not familiar with the Timothy Littlefield, check out this link to the last post which has background and other links:

According to a PDF document on the State Bar website, Ms. Demgen agreed to a stipulation agreeing to a suspension back in December 2014. She did not stop representing Littlefield until May 2015.

Katherine Demgen is not eligible to practice law and is suspended from the practice of law for two years. 

5/28/2015 Discipline w/actual suspension 13-O-13990 Not Eligible To Practice Law 

This is from the State Bar of California website:Ms. Demgen's "  misconduct harmed significantly a client, the public or the administration of justice." and "current misconduct evidences multiple acts of wrongdoing or demonstrates a pattern of misconduct".

This document states that "at the time of the misconduct, Respondent suffered extreme difficulties in his/her personal life which were other than emotional or physical in nature."

In an attachment, these were some of the facts of the case:

On July 2012, respondent was hired to memage the financial affairs of JY, then approximately 90-years old. On July 23, 2012, respondent and JY executed a Wells Fargo Bank financial power of attorney ~brm which gave respondent authority to access JY linked Wells Fargo savings and checking accounts which were opened on July 23,2013. 2. Between August 9, 2012, and May 28, 2013, respondent, withdrew without authorization from JY $7,963.46 for respondent’s own use and benefit. 3. Additionally, beginning on August 13, 2012, and Continuing through May 13, 2013, respondent entered into a business transaction with JY, specifically, a series of personal loans from JY to respondent which totaled $6,630. The loans were not fair and reasonable to JY in that the loans were not secured; they were interest-free; no repayment date(s) were specified; JY was not advised that she could seek the advice of an independent lawyer of her choice; JY was not given a reasonable opportunity to seek that advice; and JY did not consent in writing to the temps of the transaction.

It goes on further to describe more. I changed the name of the client to initials in this post.



1st Appellate District

Court data last updated: 06/18/2015 03:23 PM
Docket (Register of Actions)
The People v. Littlefield
Division 1
Case Number A141929

DateDescriptionNotes
05/29/2014Notice of appeal lodged/received (criminal).    
07/14/2014Court reporter extension requested.    CSR Lynne M. Orsenico (#9914) to 07/21/2014.
07/15/2014Court reporter extension granted.

Order to show cause - court reporter or atty. Due on 07/21/2014 By 12 Day(s)

CSR: Ice, Lynne M (9914) Extended Due Date: 07/21/2014
08/08/2014Email sent to:    superior court clerk B.N. re record status.
08/11/2014Email received from:    superior court K.L. re record: record certified out 07/25/14.
08/11/2014Record on appeal filed.    CT4 - RT6 (1 box)
08/11/2014Record in box.    1 Box
09/22/2014Counsel appointment order filed.    Katharine Demgen (ind)
10/16/2014Telephone conversation with:    Plaintiff/appellant. The AOB was erroneously scheduled for defendant/respondent triggering the due to start 40 days after the appointment order was filed. This is a people's appeal. Appellant filed 30-day request for extension to file AOB on 10/15/14.
10/15/2014Requested - extension of time.

Appellant's opening brief. Requested for 11/14/2014 By 30 Day(s)   
10/16/2014Granted - extension of time.

Appellant's opening brief. Due on 11/14/2014 By 30 Day(s)   
11/18/2014Appellant notified re failure to timely file opening brief.Plaintiff and Appellant: The People
Attorney: Office of the Attorney General     
12/17/2014Appellant's opening brief.Plaintiff and Appellant: The People
Attorney: Office of the Attorney General     
01/20/2015Respondent notified re failure to file respondent's brief.Defendant and Respondent: Timothy Floyd Littlefield
Attorney: Katharine Demgen     
02/17/2015Requested - extension of time.

Respondent's brief. Requested for 03/21/2015 By 30 Day(s)

30 days to 3/21/15
NOTE: Division and case number are incorrect. The caption is correct.
02/17/2015Granted - extension of time.

Respondent's brief. Due on 03/23/2015 By 32 Day(s)   
03/19/2015Requested - extension of time.

Respondent's brief. Requested for 04/22/2015 By 30 Day(s)

30 days to 4/22/15 NOTE: Division number is incorrect.
03/20/2015Granted - extension of time.

Respondent's brief. Due on 04/22/2015 By 30 Day(s)   
04/22/2015Requested - extension of time.

Respondent's brief. Requested for 04/29/2015 By 7 Day(s)   
04/22/2015Granted - extension of time.

Respondent's brief. Due on 04/29/2015 By 7 Day(s)   
04/29/2015Respondent's brief.Defendant and Respondent: Timothy Floyd Littlefield
Attorney: Katharine Demgen     
05/18/2015Appellant's reply brief.Plaintiff and Appellant: The People
Attorney: Office of the Attorney General     
05/18/2015Case fully briefed.    
05/27/2015Filed order vacating and appointing new counsel.    The appointment of Katharine Demgen as attorney of record on appeal is hereby vacated. Richard Such is appointed, and the case is a Staff Case.
05/28/2015Case on conference list.    List 15-11
05/28/2015Oral argument waiver notice sent.    
05/28/2015Record to court for review.    
06/02/2015Received copy of:    letter dated 6/2/15 from Katharine Demgen Notice Re: Suspension.
06/08/2015Request for oral argument filed by:    Richard Such, counsel for respondent.

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