Grant Stephenson
24615 Vista Cerritos
Calabasas, CA 91302
SENT VIA EMAIL
To:
Kerri Riley
Deputy Trial Counsel,
The State Bar of California
845 S Figueroa Street
Los Angeles, CA 90017
(213) 765-1236
Dear Sir,
RE: RESPONSE TO CEASE AND DESIST NOTICE
On December 22, 2021, I received a cease-and-desist notice from you in regard to a complaint brought against me by David Tushin under case no. 21-NA-08634. In the complaint, Mr. Tushin alleged that I engaged in the unauthorized practice of law by representing Santos Casaus in Los Angeles Superior Court case no. 20VECVOO708.
I maintain that none of my actions amounts to the unauthorized practice of law. The order issued by the learned judge directed me to receive documents on behalf of Mr. Casaus due to a Temporary Restraining Order in place that restricted communication between Mr. Tushin and Mr. Casaus.
All my actions were within the scope of the order issued by the learned judge of the Los Angeles Superior Court on August 13, 2020. Had I failed to receive the documents on behalf of Mr. Casaus, I would have been held in contempt of court and subsequently found liable in accordance with Penal Code § 166(a), which states thus, “Except as provided in subdivisions (b), (c), and (d), a person guilty of any of the following contempts of court is guilty of a misdemeanor: – (4) Willful disobedience of the terms, as written, of a process or court order or out-of-state court order, lawfully issued by a court, including orders pending trial.”
Penal Code § 166(b)(1) also provides as follows: “A person who is guilty of contempt of court under paragraph (4) of subdivision (a) by willfully contacting a victim by telephone or mail, social media, electronic communication, or electronic communication device, or directly, and who has been previously convicted of a violation of Section 646.9 shall be punished by imprisonment in a county jail for not more than one year, by a fine of no more than five thousand dollars ($5,000), or by both that fine and imprisonment.”
The order that was issued by the learned judge on August 13, 2020, is a lawful order. Had I failed to comply with the terms of the order that directed me to receive documents on behalf of Mr. Casaus, I would have been guilty of contempt of court and liable for imprisonment in a county jail for not more than one year, a fine of no more than $5,000 or both.
I appreciate that you took the initiative of outlining the potential legal implications of unlawfully practising law as a paralegal, legal document assistant, and immigration consultant. I’m under the impression that the learned judge was aware of the provisions stated in the cease-and-desist notice while issuing the order that directed me to receive documents on behalf of Mr. Casaus. Therefore, none of my actions constitutes the unlawful practice of law.
I did not negotiate on Mr. Casaus’ behalf, send legal documents, opine on Mr. Casaus’ legal rights and remedies, offer to draft a declaration or propose settlement terms on any occasion. While you state that Mr. Tushin provided the State Bar with voluminous correspondence to prove his allegations, I have not received such correspondence. As at this time, I am not aware of the existence of such correspondence.
I already complied with the terms of the lawful order issued by the learned judge on August 13, 2020, and do not intend to act in any manner in regard to Los Angeles Superior Court case no. 20VECVOO708.
I understand that you may post the cease-and-desist notice on the California State Bar website. I respectfully request you not to do that since I did not engage in any unlawful practice of law. Doing so would injure my reputation as a pilot.
Thank you for taking the time to read this letter. I hope to receive a positive response from you soon.
Yours Sincerely,
___________________________________
Grant Stephenson
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