Judge: Elaine W. Mandel, Case: 21SMCV00805, Date: 2023-01-18 Tentative Ruling

Case Number: 21SMCV00805    Hearing Date: January 18, 2023    Dept: P

Tentative Ruling

Los Angeles Gymnastics Center v. Alpine Equities, LLC, Case No. 21SMCV00805

Hearing Date January 18, 2023

Order to Show Cause Re: Civil Contempt

On July 22, 2022 the court ordered plaintiff LA Gymnastics Center and counsel Drew Sherman, Esq. to pay $5,261.65 in sanctions. LA Gymnastics appealed the sanctions order, but the appeal was dismissed on September 26, 2022 for failure to pay the filing fee. On November 17, 2022 the court scheduled an order to show cause re: civil contempt, giving LA Gymnastics and Sherman the opportunity to provide evidence of inability to pay.

A court cannot issue a finding of contempt for the alleged contemnor demonstrates that it lacks the financial ability to make a court-ordered payment. In re Cassil (1995) 37 Cal.App.4th 1081, 1088. LA Gymnastics and Sherman cite lacks resources to comply because LA Gymnastics recently came out of bankruptcy, while counsel cannot comply due to his unexpected return to being a sole practitioner.

Counsel Sherman states he moved from solo practice to a new firm and has since returned to solo practice. He states he does not have resources on hand for emergencies. He provides a September 2022 business bank statement and profit/loss statement, indicating he is operating in the red. Sherman declaration Exhibit B. Sherman also provides a copy of LA Gymnastics’ petition for bankruptcy. Sherman declaration exhibit A.

This evidence shows an inability to pay. The court will not issue a contempt order. DENIED.