California Supreme Court Watch

24-119 In re Spielbauer on Discipline, S283172.  (__State Bar Court __; State Bar Ct. No. 19-O-30700.)  Petitions for review after a State Bar Court recommendation of discipline of an attorney.  This case presents the following issue:  If a victim of attorney misconduct suffers damages recoverable in tort and incurs attorney fees as a result of the misconduct, under what circumstances may the State Bar Court order restitution based on such damages and fees as a condition of the attorney’s probation?  (See Sorensen v. State Bar (1991) 52 Cal.3d 1036.)

Petition for review granted: 7/10/2024

Cause argued and submitted: 5/07/2026

Opinion filed: 7/16/2026

See the Petition for Review.

See the Oral Argument.

See the California Supreme Court Opinion.  (In re Spielbauer on Discipline (2026) __ Cal.5th __.)

“The Review Department found Spielbauer culpable of four counts of misconduct, including failing to comply with Civil Code section 2943, committing two acts of moral turpitude by making misrepresentations, and failing to report a civil fraud judgment to the State Bar. For that misconduct, it recommended that Spielbauer be placed on probation for two years including actual suspension for the first six months of his  probation. The Review Department concluded, however, that requiring payment of restitution would be inappropriate because the injured party was not a client of Spielbauer’s, the nonclient’s damages “arose due to causes of action based in tort,” and under this court’s precedents, ‘tort damages . . . cannot [be] use[d] as a justification to impose restitution.’

We find that the Review Department misinterpreted our precedents and that a restitution order is appropriate in this case. We therefore order that Spielbauer make restitution in accordance with the terms set forth at the end of this opinion. We otherwise adopt the Review Department’s recommended discipline.”

Justice Evans authored the opinion of the Court, in which Chief Justice Guerrero and Justices Corrigan, Liu, Kruger, Groban, and Castillo* concurred.