What is a Motion for Contempt (CCP 1209)?

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

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

STEVE CANCHOLA, ET AL. V. MERRILL & ASSOCIATES REAL ESTATE, ET AL.

., ¶ 4) under Code of Civil Procedure sections 2023.030 [misuse of discovery process], 1987.2, 2025.480, and 2020.240 [contempt]. Kleck argues it “believes [the Strouds] harbor animosity towards Defendant and intentionally refused to comply with the relevant requests in the Subpoena to harass and delay Defendant’s prosecution of this case, which Defendant submits should permit the Court to enter the appropriate monetary sanctions for their bad faith responses.” (Reply, p. 3, ll. 12-15.)

  • Hearing

    Jan 21, 2021

IN RE MARQUEZ FAMILY GRANTOR TRUST

OSC re Contempt re Failure to File Accounting by 12/6/19 *********************** At the hearing on 10/7/20, the Court suspended Roger Williams as the trustee but did not yet appoint a successor trustee. A motion to continue by Attorney Thomas Olson has been granted twice. What is the status of the case? __________________ As COVID-19 cases continue to rise, we need to be even more vigilant. Please avoid coming into the courthouse in person for any reason for the foreseeable future.

  • Hearing

    Jan 20, 2021

  • Type

    Probate

  • Sub Type

    Trust

MONTELEONE VS DAVILA

Court sets OSC Re: Contempt and Sanctions for 3-26-21, 8:30 am, D-4. Plaintiff to personally serve Defendant Davila with Notice of OSC.

  • Hearing

    Jan 19, 2021

SHAUNA CHAPPELLE VS RONALD LANG, DR., ET AL.

(e) The court may impose a contempt sanction by an order treating the misuse of the discovery process as a contempt of court. (f)(1) Notwithstanding subdivision (a), or any other section of this title, absent exceptional circumstances, the court shall not impose sanctions on a party or any attorney of a party for failure to provide electronically stored information that has been lost, damaged, altered, or overwritten as the result of the routine, good faith operation of an electronic information system.

  • Hearing

    Jan 19, 2021

  • Type

    Contract

  • Sub Type

    Breach

BYRNE V. ST. MARGARET’S EPISCOPAL SCHOOL

The statements about HUDSON were defamatory because they tended to portray him as person of low moral character and subject him to contempt, ridicule and shame and to discourage others, most importantly other private schools, from associating with him.

  • Hearing

    Jan 15, 2021

BECK V. SOUTHCO INC.

The elements of contempt based on the violation of a court order include, inter alia, a valid underlying order. (Wanke, Indus., Commercial, Residential, Inc. v. Superior Court (2012) 209 Cal.App.4th 1151, 1168.) Moreover, a court may also impose a sanction of up to $1,500 payable to the court for violation of an order “without good cause or substantial justification. (C.C.P. § 177.5; Caldwell v. Samuels Jewelers (1990) 222 Cal. App. 3d 970, 978-79.)

  • Hearing

    Jan 14, 2021

DUBOC VS. IRVINE COMPANY, LLC

The Court DENIES Defendants’ request for a contempt order. Defendants have not complied with the procedural requirements necessary for a contempt order, including the filing of a sufficient charging affidavit, properly seeking an order to show cause, or personally serving this motion on Plaintiff Jiang. (Code Civ. Proc. §§ 1212, 2023.030(e); Farce v. Superior Court (1983) 148 Cal. App.3d 915, 917-918; Cedars-Sinai Imaging Medical Group v. Superior Court (2000) 83 Cal.App.4th 1281, 1286-87.)

  • Hearing

    Jan 14, 2021

C&M INVESTMENT GROUP LTD VS PHILIP RICHARD POWERS ET AL

The court finds that given the extensive history of Judgment Debtor’s obfuscation and evasion for the past near-decade (e.g., post-judgment discovery abuses, contempt trial and conviction, another contempt conviction, evidence of schemes to transfer assets to Costa Rica, and further discovery abuses), good cause exists to extend the lien. However, given that the process server’s statements suggest that Judgment Debtor no longer resides at the 421 Manhattan Ave. address, the court has notice concerns.

  • Hearing

    Jan 14, 2021

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

FREEZE MANAGEMENT, INC. VS. THE PRJKT CONCESSIONS, LLC

1) MOTION FOR TERMINATING SANCTIONS Defendant PRJKT Concessions, Inc.’s motion for terminating sanctions and for an OSC re contempt against Plaintiff Freeze Management, Inc. is denied. Defendant’s request for monetary sanctions is granted in part, as set forth below.

  • Hearing

    Jan 13, 2021

DIAZ VS CITYWIDE SELF STORAGE, LLC

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.) The sanctions the court may impose are such as are suitable and necessary to enable the party seeking discovery to obtain the objects of the discovery he seeks, but the court may not impose sanctions which are designed not to accomplish the objects of discovery but to impose punishment.

  • Hearing

    Jan 13, 2021

SANTOS SALVATIERRA, ET AL. VS JOSEPH P MARSICO

Alternative Motion for Contempt Because the Court has granted Defendant’s motion for terminating sanctions, the alternative motion for contempt is DENIED AS MOOT. If it were necessary to consider this motion, however, it would also be denied, because Defendant has made no attempt to follow the procedural requirements necessary to initiate contempt proceedings in connection with this motion.

  • Hearing

    Jan 13, 2021

LYLE HOWRY VS REGINALD MYLABATHULA BENJAMIN, ET AL.

Libel Per Se Libel per se requires: (1) a false; (2) unprivileged; (3) publication by writing, printing, or other fixed representation; (4) exposing a person to hatred, contempt, ridicule, or obloquy, or which causes a person to be shamed or avoided, or which has a tendency to injure a person in his occupation. (Ruiz v. Harbor View Community Assn. (2005) 134 Cal. App. 4th 1456, 1470-1471; Wong v.

  • Hearing

    Jan 12, 2021

BRALA BEVERLY VS KLOS RADIO, LLC

“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. “Defamation is the intentional publication of a statement of fact that is false, unprivileged, and has a natural tendency to injure or that causes special damage.” Dickinson v.

  • Hearing

    Jan 12, 2021

PAMELA CARTER ET AL VS THE PLATINUM ASSOCIATES LLC ET AL

When the contempt is not committed in the immediate view and presence of the court, or of the judge at chambers, an affidavit shall be presented to the court or judge of the facts constituting the contempt, or a statement of the facts by the referees or arbitrators, or other judicial officers. (Code Civ. Proc., § 1211(a).)

  • Hearing

    Jan 12, 2021

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

TERESA P ROBERTS VS SONA PATEL

“A violation of this section [authorizing motion for reconsideration] may be punished as a contempt and with sanctions as allowed by Section 128.7.” (Code Civ. Proc., § 1008, subd. (d).) The Court declines to do so because Roberts’ conduct does not rise to the level of contempt of court. Conclusion Roberts’ motion for reconsideration of the Court’s November 4, 2020 order is DENIED

  • Hearing

    Jan 11, 2021

SHERRI BOX, ET AL. VS RICHARD DORFMAN

In rejecting Dorfman’s claim that filing this action was in contempt of the bankruptcy discharge , the Court stated: [T]he claims being asserted against Richard B Dorfman in the state court action, captioned Sherry Box and James Fox v.

  • Hearing

    Jan 11, 2021

VIRGINA ASSET PARTNERS, LLC VS USM INVESTMENTS, INC.

. § 1987.1/§ 2025.480), contempt proceedings (Code Civ. Proc., §§ 1209, subd. (a)(10), 1991.1, 2020.420, 2023.030, subd. (e)) and/or a civil damages action by the aggrieved party. (Code Civ. Proc., § 2020.240).

  • Hearing

    Jan 08, 2021

NATHANIEL WHITE JR ET AL VS WENDY TAYLOR

Contempt Sanctions C.C.P. §128(a)(4)-(5) provide that the Court has the inherent power to punish for contempt and to control proceedings before the Court. C.C.P. §1209(a)(5) provides that disobedience of any lawful order of the Court is a contempt of the authority of the Court.

  • Hearing

    Jan 08, 2021

  • Type

    Real Property

  • Sub Type

    other

LACHER VS EAST COUNTY INVESTIGATIONS

In addition to hearing the motions on January 15, 2021, the Court will also inform the parties of the Court's obligatory reporting of the Judgment of Contempt against Pamela G. Lacher entered on July 28, 2020, to the State Bar pursuant to Business and Professions Code section 6086.7(a)(1).

  • Hearing

    Jan 07, 2021

  • Type

    Personal Injury/ Tort

  • Sub Type

    Defamation

BARON V. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA

However, the Court cannot thus conclude that Plaintiff should be sanctioned or fined for contempt, as the Application requests. Although a contempt may arise in the context of a civil action, a contempt proceeding is punitive and separate from the cause out of which it arises. (Cedars-Sinai Imaging Medical Group v. Superior Court (2000) 83 Cal.App.4th 1281, 1287.)

  • Hearing

    Jan 07, 2021

CATHOLIC MEDICAL MISSION BOARD, INC. A 501(C)(3) CHARITABLE ORGANIZATION VS THE ATTORNEY GENERAL OF THE STATE OF CALIFORNIA, ET AL.

“[P]etitioner can go back into the adult entertainment business tomorrow, and sell as many sexually explicit magazines and videotapes as he likes, without any risk of being held in contempt for violating a court order.” Id. at 551. In contrast, a charity cannot make the solicitations enjoined by the Attorney General after he issues a cease and desist order pursuant to section 12591.1(b). Reply at 11-12.

  • Hearing

    Jan 07, 2021

  • Type

    Administrative

  • Sub Type

    Writ

FOOD FOR THE POOR, INC. VS THE ATTORNEY GENERAL OF THE STATE OF CALIFORNIA, ET AL.

“[P]etitioner can go back into the adult entertainment business tomorrow, and sell as many sexually explicit magazines and videotapes as he likes, without any risk of being held in contempt for violating a court order.” Id. at 551. In contrast, a charity cannot make the solicitations enjoined by the Attorney General after he issues a cease and desist order pursuant to section 12591.1(b). Reply at 11-12.

  • Hearing

    Jan 07, 2021

BEHROUZ SHADSIRAT VS. NATIONAL CASH, INC., ET AL.

This court appointed a Receiver and set contempt hearings against the defendants. The receivership estate consisted of ATM machines in various states of disrepair; parts and equipment; books; records; communications and other writings concerning NCI’s business; accounts receivable; user IDs; passwords; combinations; passcode keys and other security codes and a nominal amount of cash and income. Some of the ATMs were still in use and generated fees.

  • Hearing

    Jan 07, 2021

C&M INVESTMENT GROUP LTD VS PHILIP RICHARD POWERS ET AL

Since then, heavy post-judgment litigation has ensued, including multiple contempt orders against Powers. The current motion stems from the court’s September 2018 order finding Powers in contempt and January 2019 order allowing Plaintiffs to collect and search Powers’ documents. (Mvg. Schweitzer Decl. Exs. 1 & 3).

  • Hearing

    Jan 07, 2021

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

NNAJUGO JUDE NWOSU VS BENNYS TACOS & ROTISSERIE/SANTA MONICA, LLC

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 materials 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.”

  • Hearing

    Jan 05, 2021

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

1 2 3 4 5 6 7 8 9 10 ... 159     last » 

For full print and download access, please subscribe at https://www.trellis.law/.

Please wait a moment while we load this page.