FCS055666
SHARMA’s Motion for Order of Contempt
TENTATIVE RULING
Defendant RAJ KUMAR SHARMA’s motion for an order holding Plaintiff LUIS R.
GOMEZ’s counsel in contempt is denied. A party seeking to initiate contempt
proceedings concerning a contempt occurring outside the immediate view and
presence of the court must file an affidavit and a request for an order to show
cause. (Cedars-Sinai Imaging Medical Group v. Superior Court (2000) 83
Cal.App.4th 1281, 1286 (Cedars-Sinai); Code Civ. Proc., § 1211, subds. (a)-(b).)
If the court is satisfied with the contents of the affidavit it will then sign the order
to show cause and set a time for hearing. (Code Civ. Proc., § 1212.) The order
to show cause must then be personally served on the alleged contemnor. (Code
Civ. Proc., § 1015.) Plaintiff’s counsel’s allegedly contemptuous acts did not
occur in the immediate view and presence of the court. It is not proper to attempt
to move directly to a finding of contempt and imposition of sanctions.