[TENTATIVE] ORDER RE: MOTION FOR CONTEMPT
On January 13, 2020, plaintiff Michael Shunnarah (“Plaintiff”) filed a complaint against defendants Tim Schneider (“Schneider”), Robert Schneider, and Select Forest Products, LLC (collectively, “Defendants”), concerning the parties’ business relationships. On April 21, 2020, Plaintiff filed this motion for an OSC re: Contempt against Schneider, contending that he willfully failed to comply with three court orders.
A court may find a person in contempt for disobedience of a lawful court order. (Code Civ. Proc., §§ 1209, subd. (a)(6), 1218.) “ ‘The elements of proof necessary to support punishment for contempt are: (1) a valid court order, (2) the alleged contemnor's knowledge of the order, and (3) noncompliance. [Citation.] The order must be clear, specific, and unequivocal. [Citation.]’ ” (Koshak v. Malek (2011) 200 Cal.App.4th 1540, 1548-1549 (Koshak).) Contempt “ ‘is a drastic remedy, to be employed only when necessary to the proper and ord
Hearing Date
August 12, 2020
Type
Other Breach of Contract/Warranty (not fraud or negligence) (General Jurisdiction)
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[TENTATIVE] ORDER RE: MOTION FOR CONTEMPT
On January 13, 2020, plaintiff Michael Shunnarah (“Plaintiff”) filed a complaint against defendants Tim Schneider (“Schneider”), Robert Schneider, and Select Forest Products, LLC (collectively, “Defendants”), concerning the parties’ business relationships. On April 21, 2020, Plaintiff filed this motion for an OSC re: Contempt against Schneider, contending that he willfully failed to comply with three court orders.
A court may find a person in contempt for disobedience of a lawful court order. (Code Civ. Proc., §§ 1209, subd. (a)(6), 1218.) “ ‘The elements of proof necessary to support punishment for contempt are: (1) a valid court order, (2) the alleged contemnor's knowledge of the order, and (3) noncompliance. [Citation.] The order must be clear, specific, and unequivocal. [Citation.]’ ” (Koshak v. Malek (2011) 200 Cal.App.4th 1540, 1548-1549 (Koshak).) Contempt “ ‘is a drastic remedy, to be employed only when necessary to the proper and ord