Judge: Theodore R. Howard, Case: 20-1122428, Date: 2023-05-25 Tentative Ruling

Plaintiff The Irvine Company, LLC’s (“Plaintiff”) unopposed Motion for Order to Show Cause RE Contempt (“Motion”) directed at Asam Reynosa (“Asam”) is GRANTED.

On 10/27/22, this court granted Plaintiff’s motion for order compelling Asam to serve responses to post-judgment requests for production and for monetary sanctions of $885.  (ROA #128.)  As of 12/22/22, Asam had failed to abide by the court’s order despite Asam apparently being served with the order.  (Park Decl. ¶¶ 8-9, Ex. 4.)

“The elements of proof necessary to support punishment for contempt are: (1) a valid court order, (2) the alleged contemnor's knowledge of the order, and (3) noncompliance.”  (Koshak v. Malek (2011) 200 Cal. App. 4th 1540, 1548–49.)  Based upon the evidence before the court, Asam has failed to comply with the court’s 10/27/22 lawful order.  Failure to comply with a lawful order is a contempt of court.  (Civ. Proc. Code § 1211(a)(5).)  Asam appears to be in contempt of the court’s prior order.

The court hereby sets and OSC Re: Contempt directed at Asam Reynosa for 07/13/23 at 1:30 p.m.  Asam is ordered to appear before the court to present his defense to the allegations of contempt.  The court hereby notifies Asam that failure to appear and to present a valid defense may result in jail time, fines, and/or payment of Plaintiff’s attorney fees and costs.  (Civ. Proc. Code § 1218(a).)

Asam may file and serve a declaration regarding the allegations of the Motion no later than 06/20/23.  Any opposition by Plaintiff is due no later than 06/29/23.  Asam may file and serve a reply no later than 07/06/23.

Plaintiff to give notice.