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)

K. V. SADDLEBACK VALLEY UNIFIED SCHOOL DISTRICT

They include monetary sanctions, contempt sanctions, issue sanctions ordering that designated facts be taken as established or precluding the offending party from supporting or opposing designated claims or defenses, evidence sanctions prohibiting the offending party from introducing designated matters into evidence, and terminating sanctions that include striking part or all of the pleadings, dismissing part or all of the action, or granting a default judgment against the offending party.” (Juarez v.

  • Hearing

IN THE MATTER OF SANDRA MARIE BLACKFORD

Conservator is in contempt and violated a specific Court Order. The initial appointment of conservator of the estate per attachment 3i to the Order specifically states that if the real property located at 61 Ash Lane, Ojai, Ca 930223 is sold during the conservatorship, then Court approval is required. The Bond was set at $30,000 because she did not have the authority to sell the property. Discuss Sanctions against Conservator of the Estate.

  • Hearing

  • Type

    Family Law

  • Sub Type

    Conservatorship

BARBARA DARWISH VS. DENNIS P RILEY

(API) should not be held in contempt for its failure to comply with the Court’s January 3, 2020 Order compelling API’s compliance with Defendants’ deposition subpoena for production of business records is GRANTED. An OSC re: Contempt is set for ____________ , 2020 at 8:30 a.m. in Dept. T. This hearing will be an arraignment hearing. Defendants are ordered to personally serve a notice of OSC re: Contempt upon API and file the proof of service prior to the hearing.

  • Hearing

HUDACK VS LA CRESTA PROPERTY OWNERS

In Pennell, the attorney attempted to have the husband held in contempt for not paying his fees. The court refused to do so because the order in favor of the attorney was unenforceable. By contrast, the issue of enforcement never arose because the amounts were apparently paid as stipulated by Plaintiff and the Association. There was no effort by the insurance carrier to enforce the order. Had the insurance carrier sought to enforce payment, the Pennell decision likely would have prevented enforcement.

  • Hearing

TONY SPEARS VS WALGREEN PHARMACY SERVICES MIDWEST, AN ILLINOIS CORPORATION, ET AL.

“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 injury him in his occupation.” Civil Code §45. The allegations are insufficient. Plaintiff fails to allege that defendant McCullough made any false or defamatory statement against him. He does not plead any alleged defamatory statement.

  • Hearing

  • Type

    Employment

  • Sub Type

    Wrongful Term

COUNTY OF LOS ANGELES VS HON. ALEX VILLANUEVA, ET AL.

The person charged may purge himself of the contempt in the same way, and the same proceeding shall be had, and the same penalties may be imposed, and the same punishment inflicted as in the case of a witness subpoenaed to appear and give evidence on the trial of a civil cause before a superior court. (Id.) When contempt is not committed in the immediate 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

  • Type

    Other

  • Sub Type

    Intellectual Property

KRAFVE VS. KARFVE

. , 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.) “Publication means communication to some third person who understands the defamatory meaning of the statement and its application to the person to whom reference is made.” (Smith v. Maldonado (1999) 72 Cal.App.4th 637, 645.)

  • Hearing

JUDI BEDDOW, ET AL. VS ALTEC, INC.,, 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.) Discussion Plaintiffs seek to compel the deposition of defense medical expert Dr. Ari Kalechstein. Plaintiffs argue that the parties are in dispute regarding a follow up mental medical exam with Dr. Kalechstein and what took place at the first mental exam that led to the need for the follow-up exam.

  • Hearing

CATERPILLAR FINANCIAL SERVICES CORPORATION, A DELAWARE CORPORATION VS SAAK & SONS ENT., INC., A CALIFORNIA CORPORATION

Based on the foregoing, the hearing on the OSC Re Contempt will be continued approximately 60 days.

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

MORADIAN VS MARON

TENTATIVE RULING The Court grants the request to set the matter for OSC re: contempt. OSC re: contempt scheduled for 11.20 at 1:30pm.

  • Hearing

REYMOND K OHANIAN VS GREGORY W WALKER

The motion for OSC re: contempt is therefore DENIED.

  • Hearing

IRAKLI GOGIBERIDZE VS ANATOLIY CHIZMAR

The court issued an order to show cause for defendant to explain why this admitted violation should not result in contempt sanctions. Contempt sanctions may only be issued against a person who willfully disobeys a lawful court order and has both actual knowledge of and the ability to comply with the order. Cal. Code of Civ. Proc. §§1218 (a), (c).

  • Hearing

IN THE MATTER OF THE MARY E. JONES TRUST

Pending the re-set hearing the petitioner shall resolve the following issues: The Proof of Service attached to the Notice of Hearing showing all those entitled to receive the Notice of Hearing on the Motion requesting Order to Show Cause re Contempt is not completed. Counsel to appear and address the following issues: The Status of discovery and repayments to the trust by beneficiaries who received premature distributions.

  • Hearing

GUARDIANSHIP OF CADEN WALKER, ET AL.

Failure to file the accounting within the time specified under subdivision (a), or within 45 days of actual receipt of the notice, whichever is later, shall constitute a contempt of the authority of the court as described in Section 1209 of the Code of Civil Procedure. It is recommended the Court order the guardian to show cause why an accounting is not on file.

  • Hearing

  • Judge Jed Beebe
  • County

    Santa Barbara County, CA

(NO CASE NAME AVAILABLE)

Monetary Sanctions A deponent who disobeys a deposition subpoena in any manner described in subdivision (c) of Section 2020.220 may be punished for contempt . . . without the necessity of a prior order of court directing compliance by the witness. The deponent is also subject to the forfeiture and the payment of damages set forth in Section 1992. (Code Civ. Proc., § 2020.240.)

  • Hearing

ALYSSA ROBERTS, AN INDIVIDUAL, ET AL. VS MAX ROSE, AN INDIVIDUAL, ET AL.

Monetary Sanctions A deponent who disobeys a deposition subpoena in any manner described in subdivision (c) of Section 2020.220 may be punished for contempt . . . without the necessity of a prior order of court directing compliance by the witness. The deponent is also subject to the forfeiture and the payment of damages set forth in Section 1992. (Code Civ. Proc., § 2020.240.)

  • Hearing

PERLA TELLEZ VS NENITA MCDONALD

Issue No.2: Contempt Petitioner asserts that by filing the Motion, Respondent and his attorneys committed contempt. Petitioner contends that: (1) Respondent failed to provide the required affidavit as required by California Code of Civil Procedure, Section 1008; and (2) Respondent flagrantly misrepresented his evidence as “new”. Petitioner asserts that Respondent engaged in direct contempt. A violation of this section may be punished as a contempt and with sanctions as allowed by Section 128.7.

  • Hearing

IN RE DOLORES MAE PARKER TRUST

Hearing: (1) Petition To Provide Copy of Trust; Redress for Breach of Fiduciary Duties; Accounting of Trust Assets; Remove and Surcharge Trustee; Payment to The Estate and For Double Damages; and For Attorney Fees and Costs; (2) OSC re: Contempt against Kaiser Permanente for Failure to Comply with 9/1/20 Order; (3) Status Report ********************* Hear OSC re Contempt. Mandatory appearance of custodian of records for Kaiser Permanente/ Need status report from successor trustee Nielson.

  • Hearing

  • Type

    Probate

  • Sub Type

    Trust

LOGAN VS STEADFAST HILLTOP

Absent some allegation that plaintiffs were engaged in a vocation where credit is an important asset and necessary for the proper conduct of their business, the instant communication in a legal sense would not expose plaintiffs to public contempt or ridicule, not tend to degrade them in society.” (Ibid.) Here, as in Gautier, the statement that Plaintiff had an unpaid debt of $144.06 is not libelous per se and Plaintiff is required to show he suffered special damages.

  • Hearing

THE MOTIVA GROUP INC VS HOLLERAN

Plaintiff Michael Holleran's Motion for a Stay pending the Contempt Trial in related case is DENIED. Cases are clear that a party does not have a right to a stay of civil proceedings pending resolution of a contempt matter or any criminal matter. Any stay is discretionary with the Court.

  • Hearing

  • Type

    Business

  • Sub Type

    Intellectual Property

PNC EQUIPMENT FINANCE, LLC, A DELAWARE LIMITED LIABILITY COMPANY, SUCCESSOR BY ASSIGNMENT TO ECN FINANCIAL LLC DBA WABASH NAT VS OT TRUCKLINES, INC., A CALIFORNIA CORPORATION, ET AL.

Such order shall contain a notice to the defendant that failure to turn over possession of such property to plaintiff may subject the defendant to being held in contempt of court.” (C.C.P., § 512.070.) Analysis The summons and complaint and the notices of application for writ of possession were served by substituted service and mailed First Class to 2019 Noble View Drive, Rancho Palos Verdes, CA 90275 pursuant to C.C.P., § 415.20(b).

  • Hearing

  • Judge

    Maurice A. Leiter or Salvatore Sirna

  • County

    Los Angeles County, CA

BMO HARRIS BANK N.A., A NATIONAL BANKING ASSOCIATION VS NBA AUTOMOTIVE, INC., A CALIFORNIA CORPORATION, ET AL.

The order must notify the defendant that failure to comply may subject him or her to contempt of court. CCP §512.070. The turnover remedy is not issued in lieu of a writ, but in conjunction with it to provide the plaintiff with a less expensive means of obtaining possession. See Edwards v Superior Court, (1991) 230 Cal.App.3d 173, 178. 3.

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

KENNETH ADLER, ET AL. VS SHIRLEE LYNN BLISS

Disobedience of the order by a vexatious litigant may be punished as a contempt of court. (b) The presiding justice or presiding judge shall permit the filing of that litigation only if it appears that the litigation has merit and has not been filed for the purposes of harassment or delay. The presiding justice or presiding judge may condition the filing of the litigation upon the furnishing of security for the benefit of the defendants as provided in Section 391.3.

  • Hearing

  • County

    Los Angeles County, CA

IN RE THE HERMAN ADLER 2006 TRUST

The an Account and Report has not been filed by 11/5/20, the Court intends to issue an OSC re Contempt for failure to account per order of 8/5/20. Proposed Order to be lodged prior to hearing per Local Rule 10.00.D.1. __________________ The court discourages in-person appearances in Department J6 during the COVID-19 pandemic period. Appearances in Department J6 should be made by CourtCall (audio or video) whenever possible.

  • Hearing

  • Type

    Probate

  • Sub Type

    Trust

UBS BANK USA VS MARSHALL

Judgment Creditor UBS Bank's unopposed application for an Order to Show Cause Re: Contempt and Sanctions against Judgment Debtor Steven Marshall is granted as set forth below. UBS Bank has submitted an affidavit regarding Judgment Debtor's alleged failure to comply with the discovery orders issued by the Court on July 21, 2020. See Code Civ. Proc. § 1211. The Court will issue an Order to Show Cause Re Contempt and set the hearing on the OSC for January 4, 2021 at 9:00 a.m. in Department 29.

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

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