In Attorney Disciplinary Action, Trial Court Lacked Subject Matter Jurisdiction, But Ordered Sanctions.

A member of the State Bar sought to vacate a stipulation she had entered with the State Bar regarding two attorney disciplinary actions against her. The State Bar filed a special motion to strike under Code of Civil Procedure section 425.16 [antiSLAPP statute], which the superior court granted, along with $2,575.04 in sanctions against the lawyer. The trial court determined a protected activity was involved, and the lawyer could not prevail on the merits because the trial court lacked jurisdiction. The appellate court reversed, stating that “in California, the inherent judicial power of the superior court does not extend to attorney disciplinary actions. That power is exclusively held by the Supreme Court and the State Bar, acting as its administrative arm.” Barry v. The State Bar of California  (Cal. App. Second, Div. 2; August 21, 2013) 218 Cal.App.4th 1435.