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: |
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________________________ Judge of the Superior Court |