Judge: John C. Gastelum, Case: 20-01134896, Date: 2023-11-01 Tentative Ruling

Motion - Other (to set OSC re Contempt)

Tentative Ruling: Defendant, Lana Krafve’s Motion an Order Setting an Order to Show Cause RE:  Contempt against third party Roya Hayatdavoudi, LMFT pursuant to Code of Civil Procedure section 1209 is GRANTED.

On November 1, 2023, the motion came on for hearing and the Court continued the motion to allow for a supplemental declaration to be filed and served by 11-4-22. (ROA 183.)

On November 3, 2022, Defendant’s counsel timely served and filed a supplemental declaration. (ROA 187.)

“Disobedience of any lawful judgment, order, or process of the court” is contempt of the authority of the court. (Code Civ. Proc., § 1209, subd. (a)(5).)   “The substantive issues involved in a contempt proceeding are (1) the rendition of a valid order, (2) actual knowledge of the order, (3) ability to comply, and (4) willful disobedience.” (Conn v. Superior Court (1987) 196 Cal.App.3d 774, 784.)

The moving papers and evidence filed with the moving papers as well as the supplemental declaration sufficiently establish the existence of a valid court order, and third-party Roya Hayatdavoudi, LMFT’s knowledge of the Court’s September 14, 2021 Order, and the stipulated protected order governing the production and willful disobedience of said September 14, 2021 Court Order. (Declaration of Tyler M. Ross, ¶¶ 2, 4-10, 12-17; Exs. A-H; Declaration of Andrew S. Attia, ¶¶ 4-9; Exs. 1-5.)

Order to Show Cause re:  Contempt Against Third Party Roya Hayatdavoudi, LMFT set for 1-10-23, Dept. C11, at 2 pm.

Defendant to give notice to all parties and to third party Roya Hayatdavoudi, LMFT