Judge: Robert B. Broadbelt, Case: BS174454, Date: 2025-02-05 Tentative Ruling

Case Number: BS174454    Hearing Date: February 5, 2025    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTIES:              Defendants Hebrew Discovery Center and Netanel Louie  

RESPONDING PARTIES:    Plaintiffs Lisa Karlan, Cory Mac A’Ghobhainn, and Amy Jean Davis

Motion for an Order to Show Cause re Contempt

The court considered the moving, opposition, and reply papers filed in connection with this motion.

DISCUSSION

Defendants Hebrew Discovery Center and Netanel Louie (“Defendants”) request that the court set an Order to Show Cause re why plaintiffs Lisa Karlan, Cory Mac A’Ghobhainn, and Amy Jean Davis (“Plaintiffs”) should not be held in contempt for violating the court’s May 5, 2023 order to pay costs to Defendants in the total amount of $1,989.60.

The court (1) finds that Defendants have not filed an affidavit alleging the elements of contempt because Defendants have not alleged facts establishing that Plaintiffs willfully violated a court order, and therefore (2) denies Defendants’ motion to set an Order to Show Cause re contempt because the declaration submitted in support of the motion does not state a cause of action for contempt.  (Code Civ. Proc., §§ 1209, 1211, subd. (a) [“When the contempt is not committed in the immediate view and presence of the court, or of the judge at chambers, an affidavit shall be presented to the court or judge of the facts constituting the contempt . . . .”].)

“Disobedience of any lawful judgment, order, or process of the court” is contempt of the authority of the court.  (Code Civ. Proc., § 1209, subd. (a)(5).)  “‘As a general rule, the elements of contempt include (1) a valid order, (2) knowledge of the order, (3) ability to comply with the order, and (4) willful failure to comply with the order.  [Citations.]’”  (Wanke, Industrial, Commercial, Residential, Inc. v. Keck (2012) 209 Cal.App.4th 1151, 1168 [internal citation omitted].)

Defendants contend that Plaintiffs willfully violated the court’s May 5, 2023 order by failing to pay the costs awarded to Defendants.  (Mot., pp. 3:12-19; Taub Decl., ¶ 3.)  The court disagrees.  The May 5, 2023 order merely (1) taxed costs from Defendants’ Memorandum of Costs, and (2) ordered that Defendants are “entitled to an award of costs in the total amount of $1,989.60.”  (May 5, 2023 Order, p. 4:11-14.)  The court did not order Plaintiffs to pay those costs, instead finding that Defendants are entitled to such an award.  (Ibid.)  Thus, the court finds that Defendants have not alleged Plaintiffs’ willful failure to comply with a valid court order on the ground that they have not yet paid costs.  (Code Civ. Proc., §§ 1209, subd. (a)(5), 1211; Wanke, Industrial, Commercial, Residential, Inc., supra, 209 Cal.App.4th at p. 1168.)

ORDER

            The court denies defendants Hebrew Discovery Center and Netanel Louie’s motion for an order to show cause re contempt.

            The court orders plaintiffs Lisa Karlan, Cory Mac A’Ghobhainn, and Amy Jean Davis to give notice of this ruling.

IT IS SO ORDERED.

DATED:  February 5, 2025

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court