Skip to main content.

Fraud Alert: Scam Text Messages Claiming DMV Penalties -

We have been made aware of fraudulent text messages being sent to individuals claiming to be from the Department of Motor Vehicles (DMV) or the court system. These messages often state that the recipient owes penalties or fees related to traffic violations or DMV infractions and may include a link or phone number to resolve the matter. 

Take these steps to reduce the chances of falling victim to a text message scam:

  • Never respond to unsolicited or suspicious texts — If you receive a message asking for personal or financial information, do not reply.
  • Verify the source — If you are unsure, always contact the DMV through official channels.
  • Call the DMV if you have concerns — The DMV customer service team is available to help you at 800-777-0133.

Please see DMV warning about fraudulent texts: https://www.dmv.ca.gov/portal/news-and-media/dmv-warns-of-fraudulent-te…

Jury Scam alert -

The Santa Barbara Superior Court has received complaints about individuals trying to scam members of the public by pretending to be court officers or officials. The Jury Services office of the Santa Barbara Superior Court does not call citizens to request payments for failing to appear for jury duty. California law does not permit citizens to pay a fine in lieu of jury duty. If you receive such a call simply hang up and, if the scammer persists, call your local law enforcement agency. Learn more about the recent scam warning.

Notice to Jurors:

Prospective jurors summoned for jury service can expect to receive their jury summons in postcard form. Please check your mail for a postcard with important instructions to fulfil your jury service. Visit the Jury Services page for more information.

Judith Rehfeld vs City of Santa Barbara

Case Number

23CV02551

Case Type

Civil Law & Motion

Hearing Date / Time

Wed, 06/26/2024 - 10:00

Nature of Proceedings

Plaintiff’s Counsel’s Motion To Be Relieved As Counsel

Tentative Ruling

Plaintiff by Shaun Bauman; Holly Matin.

City by Tom Shapiro; Delane R. Satz.

Sanctuary Centers by Daniel Friedenthal; Jay Brown.

Issue

Plaintiff’s Counsel’s Motion To Be Relieved As Counsel.

Background

In 6/2023 this lawsuit was filed; contends that on 8/2/22, Plaintiff stepped into a hole in the sidewalk, causing her to fall and sustain severe injuries.

On 10/18/23 a MSC was set for 8/2/24 and a Trial was set for 9/11/24.

On 5/8/24 this Motion to Be Relieved as Counsel was filed; is supported by a declaration that reports: “There has been significant breakdown in communication, rendering it impossible for counsel to continue the representation of Plaintiff.”

The Motion is opposed by City and Sanctuary Centers.

On 6/5/24 City filed a Motion for terminating sanctions; set it for 7/3/24; Sanctuary Centers filed a Joinder to that Motion.

RULING

1. The Court will grant the motion by Plaintiff’s attorney to be relieved as counsel of record.

2. Plaintiff’s Counsel is directed to resubmit a proposed order to the Court for execution prior to the hearing, in which Box 5.a. is checked, and which at No. 8 specifies the new hearing date on the motion for terminating sanctions, as set forth below, noting that the Court has continued the hearing for the express purpose of permitting Plaintiff, Judith Rehfeld, to obtain replacement counsel to represent her with respect to that hearing, specifically, and in this action, generally.

3. To protect Plaintiff’s due process rights and provide her with an opportunity to obtain replacement counsel to represent her, the hearing on City’s motion for terminating sanctions will be continued to September 11, 2024, at 10:00 a.m., in this department.

4. If Plaintiff intends to oppose that Motion, she must follow the briefing schedule set by law.

5. The Court declines City’s request that it find Plaintiff and her counsel in contempt, based upon their purported failure to pay discovery sanctions. The request is both procedurally and legally improper.

6. From a procedural standpoint, contempt proceedings are quasi-criminal in nature, and require personal service upon the party, whether or not the party is represented by counsel. An OSC must be issued by the Court to command the refusing party to appear and justify the failure to obey. A request set forth in opposition to a motion, electronically served only on counsel, is improper and insufficient.

7. From a legal standpoint, the request is improper because Code of Civil Procedure section 2023.030 permits contempt to be imposed as a discovery sanction only for actions constituting the misuse of the discovery process. The failure to pay monetary discovery sanctions is not one of those matters which the Discovery Act defines as a misuse of the discovery process. (See Code Civ. Proc., § 2023.010.)

8. City’s contention that it will sustain irreparable harm if Plaintiff’s Counsel is permitted to withdraw, based upon the order imposing monetary sanctions jointly against counsel and his client, is wrong. Sanction orders are enforceable as money judgments unless the Court orders otherwise. (See Newland v. Superior Court (Sugasawara) (1995) 40 Cal.App.4th 608, 615.)

9. Plaintiff’s Counsel therefore remains legally responsible for the sanctions which were imposed, regardless of whether he is permitted to withdraw from Plaintiff’s representation; it is up to City to enforce the sanction order through legally appropriate means.

10. The MSC date set for 8/2/24 and the Trial date set for 9/11/24 are vacated.

NOTICE: We may not have a court reporter for the trial of your case. We do have a court reporter for CMC and L&M Calendars. Check with the Court before you hire your own court reporter. If counsel wants to hire a court reporter, it will be your obligation to retain one for the trial. There can only be one official record of Court proceedings, and only a reporter appointed by the Court may report a Court proceeding.  Only one reporter will be allowed to report a Court proceeding at any given time.  If the parties cannot agree on a reporter, the Court will make the selection after you submit the name and address of the court reporter each counsel has engaged. Counsel will notify the Court 10 days in advance of the trial date if you are going to provide a court reporter. You may request that the electronic recording system that is already installed in the Courtroom be used. Information about that may be obtained from the Court’s website.

Was this helpful?

Yes No
This question is for testing whether or not you are a human visitor and to prevent automated spam submissions.
Was this helpful?