Judge: Melvin D. Sandvig, Case: PC058560, Date: 2023-05-17 Tentative Ruling

Case Number: PC058560    Hearing Date: May 17, 2023    Dept: F47

Dept. F-47

Date: 5/17/23

Case #PC058560

ORDER TO SHOW CAUSE RE CONTEMPT

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 is placed off calendar.      

On 1/30/23, this Court granted Plaintiff/Judgment Creditor Irene Morcos’ motion for an order to show cause re contempt and set the Order to Show Cause Re Contempt hearing for 3/7/23.  (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.

With regard to the 3/7/23 hearing date, there was no evidence that Defendant was served with the Order to Show Cause signed by the Court on 1/31/23.  (See 3/7/23 Minute Order).  Therefore, Plaintiff was ordered to submit a new proposed Order to Show Cause Re Contempt by 3/8/23 at 4:00 p.m.  Id.  The Order to Show Cause Re Contempt hearing was scheduled for 4/13/23.

Thereafter, on 3/8/23, Plaintiff submitted two “Orders on Motion” and on 3/28/23, Plaintiff submitted another “Order on Motion….”  Because these documents were not titled as Order to Show Cause, they were not presented to the Court for signing before the hearing.  As such, no Order to Show Cause Re Contempt was issued by the Court for the 4/13/23 hearing date and none was served on Defendant. 

On 4/13/23, the Court signed an Order to Show Cause Re Contempt setting the hearing for 5/17/23.  (See Order on Motion filed 4/13/23).  The Court also ordered that the Order to Show Cause, along with the underlying motion to set the Order to Show Cause and supporting declarations, be served on Defendant by personal service no later than sixteen (16) court days before the hearing date.  Id.   The Court further ordered that proof of such service be filed at least five (5) court days prior to the hearing.  Id. 

On 4/28/23, Plaintiff filed a “Non Service Report” which  indicates that between 11:00 a.m. and 3:00 p.m. on 4/18/23, a process server attempted to personally serve Defendant without success.  (See Proof of Service – No Service filed on 4/28/23).  The notes in the “Non Service Report” could indicate that nobody was at the property on 4/18/23 between 11:00 a.m. and 3:00 p.m.   There is no indication that efforts to personally serve Defendant were made on any day other than 4/18/23. 

Based on the foregoing, Plaintiff has not complied with the Court’s order for service on Defendant with regard to this Order to Show Cause hearing.  Therefore, the matter is placed off calendar.