UPDATE: California Attorney Robert D. Rodriguez of San Ramon Threatens BarComplaint.com with a Ridiculous and Frivolous Lawsuit for Republishing the Factual History of State Bar Disciplinary Process Concerning His Physical Assault of a Girlfriend.
It is amazing how many attorneys believe the judicial system is to be used as a hammer to intimidate and pressure opposition into submission despite being a clear example of abuse of process. Luckily there are legal precedents to protect websites from such attempts levied by lawyers such as Robert D. Rodriquez. After receiving the email from Rodriguez threatening a lawsuit for “defamation,” the staff of barcomplaint.com provided a response to assist in educating him about the current legal basis concerning the republishing of online content from third party sources. Email provided below for the readers review.
Mr. Robert D. Rodriguez
CA Bar No.: 242396
Law Offices of Robert D. Rodriguez
P.O. Box 2712
San Ramon, CA 94583-7712
In response to your email of July 7, 2018, in which you “demand to immediately remove me from the barcomplaint web site,” the answer is an emphatic NO.
In the future, before threatening frivolous and frankly ridiculous legal action against websites displaying content you find personally objectionable, performing the basic required due diligence as to a legal and factual basis to make such unfounded assertions of "defamation" would be advisable. Subjects worth review can be readily found in the following areas:
U.S. Constitution – First Amendment, specifically freedom of speech.
Section 230 of the communications decency act (CDA) – online republication’s absolute immunity from civil lawsuit liability
SLAPP lawsuit – Strategic lawsuit against public participation
Immediately followed by Anti-SLAPP statutes in both California and Nevada that provide expedited court ruling along with mandatory recovery of court cost and attorney fees (plus a punitive damages lawsuit for counter claims allowed)
The information concerning your disciplinary history with the State Bar of California is public record information and is made available on the official state bar website. The information found on the barcomplaint.com website is protected content republished from the Northern California Record* and CA State Bar** websites. Are you asserting you have the intention to also sue the CA STATE BAR for providing publicly with the online publishing of the factual circumstances concerning the bar complaints that have been adjudicated involving you personally? We are sure the CA BAR will be very interested in such a development. As such, if we receive any further ludicrous legal threats, we will notify the State Bar of California of your assertions with a bar complaint of our own.
Attorney Rodriguez was on one year probation in which he needed to meet certain benchmark. He refused to comply. He is now suspended.
State Bar Court of California suspends Modesto attorney Robert Daniel Rodriguez for not adhering to prior discipline order involving Domestic Violence
LOS ANGELES — The State Bar Court of California recently suspended Robert Daniel Rodriguez, a Modesto attorney, after he failed to meet the conditions of a previous suspension.
However, he did not pass the MPRE before the extended deadline and an indefinite suspension was enacted until he provides the California State Bar with proof of completion.
Rodriguez is a graduate of the Lincoln Law School in Sacramento. He was admitted to the California State Bar in 2006 and had no prior record of discipline before 2015.
Source: Northern California Report
Attorney Search CA STATE BAR
Robert Daniel Rodriguez - #242396
Current Status: Not eligible to practice law (Not Entitled)
See below for more details.
The following information is from the official records of The State Bar of California.
|Address:||Law Offices of Robert D. Rodriguez
PO Box 2712
San Ramon, CA 94583-7712
|Phone Number:||(209) 596-4263|
|Fax Number:||(800) 567-9316|
|County:||Contra Costa||Undergraduate School:||California St Univ Stanislaus; Turlock CA|
|Sections:||None||Law School:||Lincoln Law School; Sacramento CA|
|Effective Date||Status Change|
|Present||Not Eligible To Practice Law in CA|
|12/12/2016||Not Eligible To Practice Law in CA|
|7/16/2015||Not Eligible To Practice Law in CA|
|6/1/2006||Admitted to The State Bar of California|
Actions Affecting Eligibility to Practice Law in California
|Effective Date||Description||Case Number||Resulting Status|
|9/1/2017||Suspended, failed to pay Bar membr. fees||Not Eligible To Practice Law in CA|
|3/1/2017||Suspended/Child & Fam Supp noncompliance||Not Eligible To Practice Law in CA|
Copies of official attorney discipline records are available upon request.
State Bar Court Cases
NOTE: The State Bar Court began posting public discipline documents online in 2005. The format and pagination of documents posted on this site may vary from the originals in the case file as a result of their translation from the original format into Word and PDF. Copies of additional related documents in a case are available upon request. Only opinions designated for publication in the State Bar Court Reporter may be cited or relied on as precedent in State Bar Court proceedings. For further information about a case that is displayed here, please refer to the State Bar Court's online docket, which can be found at: http://apps.statebarcourt.ca.gov/dockets.aspx
DISCLAIMER: Any posted Notice of Disciplinary Charges, Conviction Transmittal or other initiating document, contains only allegations of professional misconduct. The attorney is presumed to be innocent of any misconduct warranting discipline until the charges have been proven.
|Effective Date||Case Number||Description|
|12/12/2016||11-C-12129||MPRE Suspension Order [PDF]|
|6/27/2016||11-C-12129||Order re Extension of Time [PDF]|
|7/16/2015||11-C-12129||Decision [PDF] [WORD]|
California Bar Journal Discipline Summaries
Summaries from the California Bar Journal are based on discipline orders but are not the official records. Not all discipline actions have associated CBJ summaries. Copies of official attorney discipline records are available upon request.
July 16, 2015
ROBERT DANIEL RODRIGUEZ [#242396], 56, of Modesto, was suspended from the practice of law for 60 days and ordered to take the MPRE. He was also placed on two years’ probation and faces a one-year suspension if he does not comply with the terms of his disciplinary probation. The order took effect July 16, 2015.
In March 2011, Rodriguez was convicted of willful infliction of corporal injury for hitting his live-in girlfriend.
In mitigation, he had no prior record of discipline.