In the Matter of Sanjay Bhardwaj

Review Department (2023) 6 Cal. State Bar Ct. Rptr. 24

Overview

This opinion addresses procedural requirements governing petitions for reinstatement following disbarment. The Review Department affirmed dismissal of Bhardwaj’s reinstatement petition after he failed to comply with mandatory prefiling requirements. However, the dismissal was modified to be without prejudice.

Key Procedural Issue

The primary issue was whether Bhardwaj satisfied the prefiling requirements under Rule 5.441(B), including payment of discipline costs and proper filing of any motion to extend time for payment.

Discipline Costs Requirement

Under Business and Professions Code § 6140.7 and Rule 5.441(B)(2), payment of discipline costs is a condition of applying for reinstatement.

Bhardwaj did not pay the assessed costs (approximately $25,404.82) before filing his petition. Although he attached a motion requesting a payment plan, he did not properly file the motion in the underlying disciplinary case and failed to include the required financial declaration.

The Review Department held:

• Payment of discipline costs is a statutory precondition to applying for reinstatement.
• A motion to extend time must comply with Rule 5.130(B).
• The motion must be filed in the underlying disciplinary case.
• Failure to comply is grounds for dismissal under Rule 5.441(E).

MPRE Requirement

Rule 5.445(A)(1) requires a disbarred attorney to pass the MPRE within one year prior to filing the petition.

The court clarified:

• Passing the MPRE is not technically a prefiling requirement.
• Proof of passing may be established during reinstatement proceedings.
• However, failure to meet discipline cost requirements independently justified dismissal.

Electronic Service Issue

Bhardwaj argued he was not properly served with the motion to dismiss. The court rejected this argument, holding:

• Electronic service does not require prior consent under the State Bar Rules.
• Service is complete upon transmission.
• No prejudice resulted because he later raised arguments in reconsideration.

Filing Fee Issue

Bhardwaj requested waiver of the $1,600 reinstatement filing fee. The court held that no waiver authority exists for reinstatement filing fees, unlike certain discipline cost provisions.

Outcome

Important Clarification

Because the dismissal was without prejudice under Rule 5.441(E), it did not constitute an “adverse decision” under Rule 5.442(C). Therefore, the two-year waiting restriction for refiling did not apply.

Practice Takeaways

• Discipline costs must be paid before filing a reinstatement petition unless a proper hardship motion is filed.
• Payment plan motions must comply strictly with Rule 5.130(B).
• The MPRE requirement is mandatory but not technically prefiling.
• Electronic service rules are strictly enforced.
• Reinstatement filing fees are mandatory and not waivable.