Judge: Melvin D. Sandvig, Case: 20CHCV00336, Date: 2023-02-17 Tentative Ruling

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Case Number: 20CHCV00336    Hearing Date: February 17, 2023    Dept: F47

Dept. F47

Date: 2/17/23

Case #20CHCV00336

ORDER TO SHOW CAUSE RE CONTEMPT

Order to Show Cause signed & filed on 12/9/22.

MOVING PARTY: Plaintiff Financial Services Vehicle Trust

RESPONDING PARTY: Defendant Khachatur Hakobyan

RELIEF REQUESTED: An order finding Defendant Khachatur Hakobyan guilty of contempt and punishing Defendant with a fine not to exceed $1,000 payable to the Court or imprisonment until such time Defendant complies with the Court Order, or both for willfully disobeying this Court’s Orders.  Additionally, Plaintiff seeks an order requiring Defendant to pay Plaintiff the attorney fees and costs related to this proceeding. 

RULING: The matter is placed off calendar. 

On 4/20/21, this Court entered a Default Judgment in favor of Plaintiff Financial Services Vehicle Trust, by and through its servicer, BMW Financial Services NA, LLC (Plaintiff) and against Defendant Khachatur Hakobyan (Defendant).  As part of that judgment, Defendant was ordered to turn over possession of the 2019 BMW 750i motor vehicle, Serial No. WBA7F0C59KGM24997 to Plaintiff and Plaintiff was then entitled to take possession of and sell said 2019 BMW 750i motor vehicle, Serial No. WBA7F0C59KGM24997 in a commercially reasonable manner and apply the net sale proceeds to the Judgment amount of $114,656.16.  (See 4/20/21 Default Judgment). 

An indirect contempt proceeding is commenced by the filing of an affidavit and a request for an order to show cause.  Cedars-Sinai Imaging Medical Group (2000) 83 CA4th 1281, 1286 citing CCP 1211(a), (b).  After notice to the opposing party’s lawyer, if the court is satisfied with the sufficiency of the affidavit, it must sign an order to show cause re contempt in which the date and time of the hearing are set forth.  Id. citing CCP 1212.  The order to show cause acts as a summons to appear in court on a certain day and show cause why a certain thing should not be done.  Id. 

Unless the citee, here Defendant, has concealed himself/herself from the court, the citee must be personally served with the affidavit and the Order to Show Cause; otherwise, the Court lacks jurisdiction to proceed.  Id. at 1286-1287.

In this case, on 12/9/22, this Court signed an Order to Show Case for Defendant to appear on 2/17/23 to show why this Court should not find Defendant guilty of contempt and punishing Defendant with a fine not to exceed $1,000 payable to the Court or imprisonment until such time Defendant complies with the Court Order, or both for willfully disobeying this Court’s Order to turn over the vehicle.  Additionally, Plaintiff seeks an order requiring Defendant to pay Plaintiff the attorney fees and costs related to this proceeding.

Plaintiff has not filed a proof of service establishing that the Order to Show Cause was personally served on Defendant.  Nor has Plaintiff filed any evidence indicating that Defendant is concealing himself from the Court.  As such, the Court lacks jurisdiction to proceed with this order to show cause re contempt hearing against Defendant.