SPECIAL SET HEARING ON: OSC RE CONTEMPT SET BY PLAINTIFFS
* TENTATIVE RULING: *
The OSC re contempt is denied without prejudice to plaintiffs refiling to strictly comply with the quasi-criminal procedures of a contempt. The court is not certain plaintiffs appreciate all the requirements.
Contempts are quasi-criminal matters and all procedural rules must be strictly complied with. The contempt begins with a supporting declaration that that outlines the specifics of the contempt. CCP 2015.5. If plaintiff makes an adequate showing, the court signs the OSC and plaintiff must personally serve it on the defendant. The OSC and the declaration essentially become a charging document with counts that plaintiff will then prove. Here, plaintiff did not personally serve the OSC and no single declaration sets out the specifics of the defendant’s alleged misconduct, e.g., defendant mailed/served documents on plaintiffs on xx date in
violation of the preliminary injunction. Once the defendant is p
Hearing Date
October 21, 2020
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SPECIAL SET HEARING ON: OSC RE CONTEMPT SET BY PLAINTIFFS
* TENTATIVE RULING: *
The OSC re contempt is denied without prejudice to plaintiffs refiling to strictly comply with the quasi-criminal procedures of a contempt. The court is not certain plaintiffs appreciate all the requirements.
Contempts are quasi-criminal matters and all procedural rules must be strictly complied with. The contempt begins with a supporting declaration that that outlines the specifics of the contempt. CCP 2015.5. If plaintiff makes an adequate showing, the court signs the OSC and plaintiff must personally serve it on the defendant. The OSC and the declaration essentially become a charging document with counts that plaintiff will then prove. Here, plaintiff did not personally serve the OSC and no single declaration sets out the specifics of the defendant’s alleged misconduct, e.g., defendant mailed/served documents on plaintiffs on xx date in
violation of the preliminary injunction. Once the defendant is p