Judge: Nathan Vu, Case: 2020-01160766, Date: 2022-09-12 Tentative Ruling

Order to Show Cause re: Contempt

The hearing on the Order to Show Cause re: Contempt is continued to 10/31/202 at 8:30 a.m. in Department N15.

Defendant shall prepare and submit for the court’s signature a proposed Order to Show Cause re: Contempt and supporting papers.

The court clerk shall accept the submission of Defendant’s Order to Show Cause re: Contempt and supporting papers.

Defendant shall personally serve AGMC with the Order to Show Cause re: Contempt and supporting papers and notice of this ruling, and file a proof of service attesting to said service.

Defendant Walt Disney Parks and Resorts U.S., Inc. applied for an order to show cause re: contempt against non-party Anaheim Global Medical Center (AGMC) based on AGMC’s alleged failure to comply with certain deposition subpoenas.

On 07/11/2022, the court granted the application, and ordered that Defendant prepare and submit to the court an Order to Show Cause re: Contempt and supporting affidavit. The court also ordered that the moving papers be personally served.

It appears that Defendant attempted to submit an Order to Show Cause re: Contempt papers with the court, but they were rejected, likely due to a mistake by the court clerk.

In addition, no proof of service has been filed showing personal service, possibly because Defendant was not able to submit the Order to Show Cause re: Contempt papers and said papers have not been signed by the court.

The court is not able to proceed with the hearing as there is Order to Show Cause re: Contempt on file. Further, the court lacks jurisdiction over AGMC as the signed OSC papers have not been personally served on AGMC. (See Cedars-Sinai Imaging Med. Group v. Super. Ct. (2000) 83 Cal.App.4th 1281, 1286-1287.)

Defendant shall give notice of this ruling.