Judge: Layne H. Melzer, Case: 2017-00921063, Date: 2023-07-20 Tentative Ruling

Plaintiff Setsuko Mori and Hiroshi Ogino

Motion for Order Setting Order to Show Cause Hearing Re Contempt of Judgment Debtors Pursuant to CCP 1218

Plaintiffs Setsuko Mori’s and Hiroshi Ogino’s request for an OSC re contempt against Defendant Brett Murdock for failure to comply with the Court’s 6/13/19 Judgment is moot.

After the motion was filed, Defendant complied with the Court Order and removed the block wall that formed the basis of Plaintiffs’ Quiet Title Action.  (Murdock Decl., ¶¶ 2-4.)  In addition, payment of the original award, interest on the award, costs on appeal and interest on costs were paid on 7/3/23. (Murdock Decl., ¶ 3.) 

In reply, Plaintiffs do not dispute that Defendant has complied with the Judgment, but request that they be awarded their attorney fees incurred in preparing the instant motion, based on Code Civ. Proc., § 1218, which states in part (emphasis added):

(a) Upon the answer and evidence taken, the court or judge shall determine whether the person proceeded against is guilty of the contempt charged, and if it be adjudged that the person is guilty of the contempt, a fine may be imposed on the person not exceeding one thousand dollars ($1,000), payable to the court, or the person may be imprisoned not exceeding five days, or both. In addition, a person who is subject to a court order as a party to the action, or any agent of this person, who is adjudged guilty of contempt for violating that court order may be ordered to pay to the party initiating the contempt proceeding the reasonable attorney's fees and costs incurred by this party in connection with the contempt proceeding.

Here, Defendant has complied with the Court order and the request for an OSC re Contempt is moot.  Defendant has not been “adjudged guilty of contempt,” which is a prerequisite per the statute.  Plaintiffs have cited to no other legal authority to support their claim for attorney fees.  Accordingly, Plaintiffs’ request for attorney fees is denied.