What is a Motion for Contempt (CCP 1209)?

Useful Rulings on Motion for an OSC Re: Contempt (CCP 1209)

Recent Rulings on Motion for an OSC Re: Contempt (CCP 1209)

ANN MARIE STREIBICH VS MARK SHINNICK

Legal Standard Where a party engages in misuse of discovery process, the court may impose monetary, issue, evidence, terminating, or contempt sanctions. (Code Civ. Proc., § 2023.030.)

  • Hearing

    Sep 22, 2020

RYAN HARPER VS DAVID ZISLIS

Standard: Code of Civil Procedure section 1008(d) states that “[a] violation of this section maybe punished as a contempt and with sanctions as allowed by Section 128.7.”

  • Hearing

    Sep 22, 2020

ML DOE V. DOE 1, A CORP.

Motion No. 1: Based on the Notice of Withdrawal of Plaintiff John ML Does’ Motion for an Order to Show Cause Re: Contempt Against Steven Budman (filed on 9-2-20 under ROA No. 174), Plaintiff’s Motion for an Order to Show Cause Re: Contempt Against Steven Budman (filed on 2-11-20 under ROA No. 83, and scheduled for hearing on 9-22-20) is off calendar.

  • Hearing

    Sep 22, 2020

MIDLAND ENTERTAINMENT LLC VS HYDRA GROUP LLC ET AL

Casiano Bel-Air Homeowners Assn. (1989) 215 Cal.App.3d 515, which held that an attorney fee provision allowing fees “[i]n any legal or equitable proceeding for the enforcement or to restrain the violation of these restrictions or any provisions hereof,” allowed for the recovery of fees in civil contempt proceedings to enforce the provisions. (Id. at pp. 522–23.)

  • Hearing

    Sep 21, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

THE MOTIVA GROUP INC VS GLOBAL IMPACT GROUP INC

The OSC (ROA # 369, 386, 388, 389, 408, 410, 412, 475, 476, 481, 500, 502, 518, 520) re contempt of Court of Defendants Michael Holleran and National Small Business Alliance ("Defendants") for disobeying the Court's Order Appointing Receiver Over National Small Business Alliance ("NSBA") entered on November 22, 2019 ("Order Appointing Receiver") is, on the Court's own motion, CONTINUED to Tuesday October 27, 2020 at 9:00 am in D 73.

  • Hearing

    Sep 21, 2020

  • Type

    Contract

  • Sub Type

    Breach

DANIEL HASSO VS YIOLA AWABDY

If anyone engages in conduct that is a misuse of the discovery process, the court may impose monetary sanction, issue sanction, evidence sanction, terminating sanction, and contempt sanction. (CCP § 2023.030.) “[T]here are effective… remedies for spoliation of evidence, including the evidentiary inference that evidence destroyed by a party is unfavorable to that party (Evid. Code, § 413), the potent sanctions for abuse of discovery (Code Civ.

  • Hearing

    Sep 21, 2020

CESAR ROMERO ET AL VS BROCCA CUSTOM FINISHING CARPENTRY INC

DISCUSSION Contempt of the authority of a court includes the act of “[d]isobedience of any lawful judgment, order, or process of the court.” (Code Civ. Proc. § 1209(a)(5).) “[U]nlawful interference with the process or proceedings of a court” is also a contemptable action. (Code Civ. Proc. § 1209(a)(9).) When contempt is committed outside of the view and presence of the court “an affidavit shall be presented to the court or judge of the facts constituting the contempt.” (Code Civ. Proc. § 1211(a).)

  • Hearing

    Sep 21, 2020

THE MOTIVA GROUP INC VS GLOBAL IMPACT GROUP INC

Demurrer / Motion to Dismiss Contempt Count The Demurrer and Motion to dismiss the contempt count is overruled and denied. Paragraph 13 of the November 22, 2019 order (ROA # 355) appointing a receiver states: "13.

  • Hearing

    Sep 18, 2020

  • Type

    Contract

  • Sub Type

    Breach

PETRA LOMELI VS ANTONIO G RAYA SR ET AL

A deponent who disobeys a deposition subpoena may be punished for contempt without the necessity of a prior order of the court directing compliance by the witness. (Code Civ. Proc., § 2020.240.) Kaiser stated it was unable to comply with this subpoena because its records system is not set up to sort records by body parts, medical conditions, or symptoms. Kaiser offered to provide records by date range, department types, or provider names or suggested appointing a discovery referee.

  • Hearing

    Sep 18, 2020

CATERPILLAR FINANCIAL VS. DA SILVEIRA

HEARING ON OSC RE: WHY CONTEMPT ORDER SHOULD NOT ISSUE SET BY PLAINTIFF * TENTATIVE RULING: * Hearing required.

  • Hearing

    Sep 17, 2020

ELLE BI VS TONY E. LUND

“Libel is a false and unprivileged publication by writing, printing, picture, effigy, or other fixed representation to the eye, which exposes any person to hatred, contempt, ridicule, or obloquy, or which causes him to be shunned or avoided, or which has a tendency to injure him in his occupation.” (Civ. Code, § 45.) “A libel which is defamatory of the plaintiff without the necessity of explanatory matter, such as an inducement, innuendo or other extrinsic fact, is said to be a libel on its face.” (Civ.

  • Hearing

    Sep 16, 2020

TANIA OLVERA, ET AL. VS RAY FISH, ET AL.

The witness may also be subject to a finding of contempt. (Code Civ. Proc., § 1991.2).

  • Hearing

    Sep 16, 2020

DRAKE KENNEDY, ET AL. VS BRIAN KENNEDY, ET AL.

On August 10, 2020, the Receiver represented to the court that his motion for an OSC re: contempt replaced his prior motion to enforce the Receivership Order. On August 27, 2020, the court declined to issue an OSC as to the Receiver’s motion for an OSC re: contempt and instead converted the Receivership from a receivership to sell assets to a capital receivership in which the Receiver has exclusive authority to operate the Company. The parties agreed to stay the conversion until September 15, 2020.

  • Hearing

    Sep 15, 2020

MYUNG SIK KIM VS BYUNG HA CHANG, ET AL.

.: 20NWCP00021 HEARING: 9/15/20 JUDGE: OLIVIA ROSALES #9 TENTATIVE ORDER On the Court’s own motion, the Hearing on Motion for an Order to Show Cause Re: Contempt (CCP§1209) is continued to October 20, 2020, at 2:30 p.m. in Department C. Moving Party to give notice.

  • Hearing

    Sep 15, 2020

  • Judge

    Lori Ann Fournier or Olivia Rosales

  • County

    Los Angeles County, CA

BORSH VS SALTZMAN

This is not a situation in which the fence relocation project is in the middle of being carried out, and the court can effectively stop work, require a return to the status quo ante, and effectively enforce its orders via contempt if they are not obeyed. Among other things, how will the court discern the "historic location" of the fence given the passage of nine months since the relocation? Exhibits 5, 10 and 11 to the moving papers do not fully answer this question.

  • Hearing

    Sep 15, 2020

  • Type

    Real Property

  • Sub Type

    other

SMITH V. FACEBOOK, INC.

Hamsher (1999) 74 Cal.App.4th 1394, 1401 [“[R]hetorical hyperbole,’ ‘vigorous epithet[s],’ ‘lusty and imaginative expression[s] of ... contempt,’ and language used ‘in a loose, figurative sense’” are inactionable.].) Also, “[n]o provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” (47 U.S.C. § 230(c).)

  • Hearing

    Sep 15, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Defamation

ARIANA FOOD ENTERPRISES VS. TIWANA INVESTMENT

SPECIALLY SET HEARING ON: CONTEMPT FOR VIOLATION OF COURT ORDER SET BY COURT * TENTATIVE RULING: * Short Cause Trial. Parties to appear for trial.

  • Hearing

    Sep 14, 2020

  • Judge

    Burch

  • County

    Contra Costa County, CA

ROGER VS COUNTY OF RIVERSIDE

Plaintiff contends the court in the prior action held him in civil contempt for failing to comply with a discovery order. (FAC ¶16.) Plaintiff alleges that Defendants entered information during the intake process that Plaintiff was charged with a criminal felony, which is obviously false. (FAC ¶20.) Defendant, however, argues the contempt order made in the prior case was criminal.

  • Hearing

    Sep 14, 2020

FENN TERMITE AND PEST CONTROL INC. VS SHELTON

Jason Shelton moves for (1) an order compelling the attendance of Fenn Termite’s employee, Sonia Iniguez, at a deposition; (2) sanctions of $13,905; and (3) an order finding Iniguez in contempt. The court orders cross-defendants to produce Ms. Iniguez for a deposition within 10 days and awards sanctions of $13,830 against cross-defendants. The court denies the request for a finding of contempt against Ms. Iniguez.

  • Hearing

    Sep 11, 2020

NORTH KERN WATER STORAGE DISTRICT VS CITY OF BAKERSFIELD

"'Civil damages may be collected in an ordinary civil action for an act otherwise a contempt.'" (Id. at p. 175.) Unlike a civil contempt proceeding, in such a damage suit "the parties are ordinarily entitled to a trial by jury and an appeal." (H. J. Heinz, supra, 42 Cal.2d at p. 175.)

  • Hearing

    Sep 11, 2020

MARIANA HYEWON KANG VS HOY QUAN, ET AL.

With respect to libel, under Civil Code §45: “Libel is a false and unprivileged publication by writing...which exposes any person to hatred, contempt, ridicule, or obloquy, or which causes him to be shunned or avoided, or which has a tendency to injure him in his occupation.”

  • Hearing

    Sep 11, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

SHARISHI KOBAYASHI VS ERNESTO GABRIEL MARTINEZ JR

In addition, a person who is subject to a court order as a party to the action, or any agent of this person, who is adjudged guilty of contempt for violating that court order may be ordered to pay to the party initiating the contempt proceeding the reasonable attorney’s fees and costs incurred by this party in connection with the contempt proceeding.” Code Civ. Proc. § 1218(a). II.

  • Hearing

    Sep 11, 2020

CHRISTOPHER MICHAEL FLAHERTY VS BRITTANY JEAN OWEN

Nature of Proceedings: Order to Show Cause: Contempt Setting

  • Hearing

    Sep 10, 2020

SHASHIKANT JOGANI VS HARESH JOGANI ET AL

Superior Court of Los Angeles County (1964) 60 Cal.2d 677 (indirect contempt proceeding after a divorce action); Stephens v. Superior Court (2002) 96 Cal.App.4th 54 (subsequent trust petitions); or post-trial issues, Jacobs v. Superior Court In and For Los Angeles County (1959) 53 Cal.2d 187 (motion to modify custody judgment). Absent such authority, this court declines to extend the continuation doctrine in the manner proposed by Cross-Defendants.

  • Hearing

    Sep 10, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

SILVER BIRD AUTO LEASING LLC VS LOS ANGELES USA TOURS LLC ET

Legal Standard Where a party engages in misuse of discovery process, the court may impose monetary, issue, evidence, terminating, or contempt sanctions. (Code Civ. Proc., § 2023.030.)

  • Hearing

    Sep 09, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Auto

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