Judge: Melvin D. Sandvig, Case: PC058560, Date: 2023-03-07 Tentative Ruling

Case Number: PC058560    Hearing Date: March 7, 2023    Dept: F47

Dept. F-47

Date: 3/7/23

Case #PC058560

 

ORDER TO SHOW CAUSE RE CONTEMPT

 

Order signed 1/31/23.

 

MOVING PARTY: Plaintiff/Judgment Creditor Irene Morcos

RESPONDING PARTY: Defendant/Judgment Debtor Mary Morcos

NOTICE: ok

 

RELIEF REQUESTED: An order holding Defendant/Judgment Debtor Mary Marcos in contempt for failing and/or refusing to follow the Court’s orders contained in the Third Amended Judgment entered on 12/21/21.  Additionally, Plaintiff requests that the Court award Plaintiff the reasonable attorney’s fees and costs that Plaintiff has incurred, and will incur, in relation to this Order to Show Cause Re Contempt hearing.     

 

RULING: The matter will be continued.      

 

On 1/30/23, this Court granted Plaintiff/Judgment Creditor Irene Morcos’ motion for an order to show cause re contempt.  (See 1/30/23 Minute Order; 1/31/23 Order to Show Cause). 

 

An 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.  Cedars-Sinai Imaging Medical Group (2000) 83 CA4th 1281, 1286.  Unless the citee (here, Defendant) has concealed herself from the Court, she must be personally served with the affidavit and the order to show cause regardless of the fact that her lawyer was present at the hearing which set the order to show cause; otherwise, the Court lacks jurisdiction to proceed.  Id. at 1286-1287.

 

Here, there is no evidence that Defendant was served with the Order to Show Cause signed by the Court on 1/31/23.  The proof of service attached to the Order to Show Cause indicates that the unsigned proposed Order to Show Cause was served on Defendant’s counsel on 1/30/23.  As noted above, Defendant must be personally served with the Order to Show Cause or evidence must be provided that Defendant has concealed herself from the Court.  Due to the defect in service of the order to show cause, the Court lacks jurisdiction to proceed.  Therefore, the matter will be continued for approximately 30 days. 

 

Plaintiff is ordered to submit a new proposed Order to Show Cause Re Contempt by 3/8/23 at 4:00 p.m.  Neither this ruling nor the ruling from the underlying motion for order to show cause should not be copied directly into the proposed Order to Show Cause.  Rather, the proposed order should be based on the following format:   

 

TO DEFENDANT [NAME]:

 

Plaintiff having presented to this Court sufficient grounds to initiate a contempt proceeding, you are ordered to appear on [date] at [time] in Department F47 of this Court located at 9425 Penfield Avenue, Chatsworth, California 91311 to show cause why you should not be held in contempt of this Court's orders, dated [date] [precisely state how defendant has violated the orders].

 

IT IS FURTHER ORDERED THAT:

 

This Order to Show Cause along with the underlying motion to set the Order to Show Cause and supporting declarations shall be served on defendant by personal service no later than 16 court days before the hearing date. Proof of such service shall be filed at least 5 court days prior to the hearing.

 

Any opposition papers to the Order to Show Cause shall be filed and served on plaintiff by personal service no later than 9 court days before the hearing date. Any reply papers to the opposition shall be filed and served on defendant by personal service no later than 5 court days before the hearing date.

 

Date: 

 

________________________

Judge of the Superior Court