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CFLS > Contempt > Flashcards

Contempt Flashcards

1
Q

The following acts or omissions in respect to a court of justice, or proceedings therein, are contempts of the authority of the court . . . ____.

A

Disobedience of any lawful judgment, order, or process of the court

CCP 1209(a)(5)

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2
Q

Equalization payments are not _____ orders.

A

contemptible

Martins v. Superior Court (1970) 12 Cal.App.3d 870

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3
Q

Foreign decree that incorporates an MSA “by reference” IS the proper ______. Incorporating “by reference” is not technically proper in California because an ______

A

subject for contempt

MSA cannot be incorporated into a judgment

Marriage Marriage of Alper (1981) 116 Cal.App.3d Cal.App.3d 925

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4
Q

A non‐stipulated, court‐imposed support order beyond the age of minority is not ______ BUT the ______ of the parties, which thereupon becomes an order of the court, may be enforced by the court.

A

contempt punishable

stipulated agreement

Marriage of Lieberman (1981) 114 Cal.App.3d 583

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5
Q

Child support orders are enforceable against a veteran’s disability pay once _______.

A

received by the veteran

Rose v. Rose (1987) 481 U.S. 619

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6
Q

A trial court can impose a contempt sanction on a parent who _____ to avoid payment of child support.

A

willfully fails to seek employment

Moss v. Superior Court (Ortiz) (1998) 17 Cal.4th 396

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7
Q

An intentional violation of a _____ may be contempt enforceable (i.e. failure to file opening brief by court ordered date).

A

Rule of Court

In re Grayson (1997) 15 Cal.4th 792

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8
Q

Order to convey _____ is contemptible.

A

real property

Sullivan v. Superior Court (1925) 72 Cal.App. 531

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9
Q

Order to divide military pension benefits is _____. Orders for in-kind division of property is contemptible while payment of equalization creates a debt and is not contemptible.

A

contemptible

Marriage of Fithian (1977) 74 Cal.App.3d 397

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10
Q

Division of retirement accounts is _______.

A

contemptible

Verner v. Verner (1978) 77 Cal.App.3d 718

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11
Q

Removing a child from the state is contemptible even if not specifically prohibited because it results in ____

A

“interference with visitation rights.”

Rosin v. Superior Court (1960) 181 Cal.App.2d 486

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12
Q

Order contemptible, even if a word was omitted in the language, where the parties _______.

A

acted as if the word was present in the order

Alpine Palm Springs Sales, Inc. v. Superior Court (1969) 274 Cal.App.2d 523

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13
Q

When the court orders a written order to be filed, only the _____. Rulings, prior to the written order, are _____.

A

written order is the effective order

not contemptible

IRMO Drake (1997) 53 Cal.App.4th 1139

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14
Q

Minute order indicating judgment of dissolution is granted, is not operative until _____.

A

judgment is signed and filed (i.e. not contemptible)

Gideon v. Superior Court (1956) 141 Cal.App.2d 640

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15
Q

Tentative ruling on the record by the court is ______.

A

not binding and thus, not contemptible

CRC Rule 3.1590(a)

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16
Q

Minute orders for child support are _____.

A

not contemptible

IRMO Skelley (1976) 18 Cal.3d 365

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17
Q

Orders that do not direct performance of specific acts are _____ i.e. incorporating attachments (in this case a contract) without specifying the ______.

A

not contemptible

requirements if either/both parties

Schaefer v. Superior Court (1968) 268 Cal.App.2d 180

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18
Q

If the underlying judgment is _____, it is not contemptible.

A

improperly issued

Kreling v. Superior Court (1941) 18 Cal.2d 884

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19
Q

Injunctions against free speech are _____ without proof of _____

A

overbroad and unenforceable

“serious substantive evil.”

Smith v. Silvey (1983) 149 Cal.App.3d 400

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20
Q

The violation of an order in excess of the jurisdiction of the issuing court cannot produce a _______.

A

valid judgment of contempt

Davidson v. Superior Court (Mendota) (1999) 70 Cal.App.4th 514

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21
Q

A blanket order creating a priority for that department over other departments of the superior court with respect to the services of an attorney (i.e. demanding appearance the full day) is _____

A

not contemptible.

Mowrer v. Superior Court (1969) 3 Cal.App.3d 223

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22
Q

Orders purporting to add to or change the interlocutory judgment which had become final and was res judicata between the parties are ______.

A

not contemptible

Grant v. Superior Court (1963) 214 Cal.App.2d 15

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23
Q

A party cannot be tried twice for the same ______

A

count of contempt i.e. double jeopardy.

Hollar v. Superior Court (1934) 140 Cal.App. 231

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24
Q

A contempt based on ability to pay on a subsequent date to the date a previous contempt was not found to exist, does not ______.

A

constitute double jeopardy

Martin v. Superior Court (1962) 199 Cal.App.2d 730

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25
Q

_______ are not appropriate and may be barred by double jeopardy where “the same act or course of conduct” is the basis and counts are “too interrelated to permit their being prosecuted successively.

A

Piecemeal contempts

Kellett v. Superior Court (1966) 63 Cal.2d 822

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26
Q

Indirect contempt is: _______

A

(1) disorderly contemptuous;
(2) disobedience of an order or process;
(3) insolent behavior toward the judge; or
(4) unlawful interference with court proceedings.

CCP 1209

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27
Q

Attorney held in contempt after an MSC because persistently yelled and interrupted, accused opposing party of lying, refused to engage in settlement discussion, prevented settlement officer (judge) from invoking aid, and the attorney admitted at the contempt it was his strategy. It was not required for ______

A

attorney to be “warned” to stop behavior.

Moore v. Superior Court (Barsky) (2020) 57 Cal.App.5th 441

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28
Q

When contempt is committed in the presence of the court, citee may be _______. When contempt is committed outside of the presence of the court, an _____ must be provided with the statement of facts.

A

punished summarily

affidavit

CCP 1211(a)

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29
Q

Requirement that affidavit be _____.

A

sworn i.e. verified

CCP 2015.5

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30
Q

Sworn affidavit is ________ to the court’s power to punish for contempt.

A

a prerequisite

Fabricant v. Superior Court (People) 104 Cal.App.3d 905

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31
Q

It is not evidence though until the affidavit is ______ at trial.

A

offered into evidence

Collins v. Superior Court (1957) 150 Cal.App.2d 354

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32
Q

The court may permit amendment to the original affidavit ______.

A

at any stage of the proceedings

CCP 1211.5

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33
Q

An attorney ______ when he impugns the integrity of the court by statements made in open court, statements made in pleadings filed with the court, and/or including impertinent, scandalous, insulting or contemptuous language.

A

commits a direct contempt

In re Koven (2005) 134 Cal.App.4th 262

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34
Q

Use of the ________ constitutes compliance with the statutory requirements.

A

judicial council form FL-410

CCP 1211(b)

35
Q

Use of the Judicial Form renders the contempt criminal due to the language that appears on the form ________

A

“possible penalties include jail sentence.”

County of Santa Clara v. Superior Court (1992) 2 Cal.App.4th 1686

36
Q

Citee must be ______ or the court lacks jurisdiction to proceed.

A

personally served

Cedars‐Sinai Medical Center v. Superior Court (Bowyer) (1998) 18 Cal.4th 1

37
Q

If it can be shown that the citee is avoiding service, ______ is sufficient.

A

alternative service under the CCP

Ex Parte Meyer (1933) 131 Cal.App. 41

38
Q

A party must get permission from the court prior to ______.

A

effectuating substituted service

In re Abrams (1980) 108 Cal.App.3d 685

39
Q

Statute of Limitations for Contempt

A

3 years for child support, spousal support, or family support
2 years for all other family law orders.

CCP 1218.5

40
Q

Elements of Contempt

A

(1) Lawful Order,
(2) Knowledge of order;
(3) Ability to comply; and
(4) Willful disobedience

In re Liu (1969) 273 Cal.App.3d 135

41
Q

Knowledge of the order is ______ for child support contempt actions.

A

still required

In re Ivey (2000) 85 Cal.App.4th 793

42
Q

It is assumed that when the court made an order the party had the _____. If the contempt is committed close to the time of the making of the order then the inability to comply is _____.

A

ability to comply

a not affirmative defense

Mossman v. Superior Court (1972) 22 Cal.App.3d 706

43
Q

_____ must be established before “extrajudicial statements, confessions, or admissions of the defendant may be used. Once established, any “hearsay admission” of the _____.

A

Prima facie case

citee is admissible

People v. Amaya (1952) 40 Cal.2d 70

44
Q

When a court makes an order compelling a parent to furnish support or necessary food, clothing, shelter, medical attendance, or other remedial care for his or her child, _______ is prima facie evidence of a contempt of court.

A

proof that the order was made, filed, and served on the parent or
proof that the parent was present in court at the time the order was pronounced and
proof that the parent did not comply with the order

CCP 1209.5

45
Q

The ability to comply with a court order constitutes an element of the offense, rather than ____, and shifts the burden of persuasion to the alleged contemnor to prove inability to comply. If a party can “purge” his/her sentence by coming into compliance (i.e. paying arrearage of support), then it is _____; otherwise it may be criminal in nature and the court must abide by the ______.

A

an affirmative defense

civil in nature

Due Process Clause

Hicks v. Feiock (1988) 485 U.S. 624

46
Q

______ implies they know what they are doing.

A

“Willful”

Little v. Superior Court (1968) 260 Cal.App.2d 311

47
Q

Reliance on advice of counsel is ______. An attorney can be _____ for advising client to disobey order.

A

not a defense to willfulness

held in contempt

In re Bongfeldt (1971) 22 Cal.App.3d 465

48
Q

An injunction that is so vague that “men of common intelligence must necessarily guess at its meaning” is _______.

A

not the proper subject for a contempt proceeding

In re Berry (1968) 68 Cal.2d 137

49
Q

If the contempt alleged is for failure to pay child, family, or spousal support, each month for which payment has not been made in full ______

A

may be alleged as a separate count of contempt and punishment imposed for each count proven (i.e. even if order ½ on 1st and ½ on 15th, only one per month can be brought.

CCP 1218.5(a)

50
Q

Citee has rights to ____, to know the ______ against them, to know the maximum sentence and/or civil consequences, to know what ____ must be proven, in criminal the burden is beyond a reasonable doubt and civil is preponderance of the evidence, to remain silent, and right you counsel if _____.

A

speedy trial

nature of the charges

elements

punishment includes incarceration

51
Q

“Whatever other remedies may be available to a defendant whose arraignment is unduly delayed, ______ is not one of them.”

A

immunity from prosecution

People v. Morse (1970) 4 Cal.App.3d Supp. 7

52
Q

Notice of right to jury trial if sentence may be ______. Any waiver by the citee’s right to a jury trial must be ____.

A

180 days or more

express

In re Kreitman (1995) 40 Cal.App.4th 750

53
Q

To avoid a jury trial, counsel can ask the court to limit punishment to no more than _____, a $1,000 fine, and less than 180 days of total jail time but only if that position _______.

A

5 days in jail per count

is made clear before trial begins

Mitchell v. Superior Court (1985) 37 Cal.3d 591

54
Q

If all the criminal procedural rules apply, if a defendant is not brought to trial within ______ after arraignment, or plea entry, whichever is later [if the defendant is in custody] OR within _____ after arraignment or plea entry [in all other cases], then the case must be dismissed.

A

30 days

45 days

PC 1382

55
Q

The case will ______ if the defendant enters a general waiver of the 30‐day or 45‐ day trial requirement OR if the defendant requests or consents to setting trial beyond the 30‐day or 45‐day deadline. A time waiver ______ by accepting, without objection, a date beyond the presumptive statutory speedy trial date.

A

not be dismissed

will be implied

PC 1382(a)(3)(B)

56
Q

The findings must be correctly and promptly prepared. Delay in the signing of the judgment can _______.

A

result in release from sentence

In re Jones (1975) 47 Cal.App.3d 879

57
Q

A defendant who chooses to represent himself or herself after knowingly, intelligently, and voluntarily forgoing the assistance of counsel ______, and cannot compel the trial court to make up for counsel’s absence. Such a defendant therefore cannot reasonably expect the trial court to provide an ______.

A

assumes the risk of his or her own ignorance

advisement of any right, including the privilege against compelled self-incrimination

People v. Barnum (2003) 29 Cal.4th 1210

58
Q

The ______ is not a substitute for relevant evidence” when the claimant bears the burden of showing “his present inability to comply with that order.”

A

claim of privilege

U.S. v. Rylander (1983) 460 U.S. 752

59
Q

If either party is on welfare and the contempt is related to support, _____.

A

the DA’s office must be given notice

60
Q

Appearances by counsel are sufficient for all contempts not _____.

A

related to felony or DVRO

61
Q

If the accused is charged with a misdemeanor offense involving domestic violence, as defined in Section 6211 of the Family Code, or a misdemeanor violation of Section 273.6, the accused shall be present for _____, and at any time during the proceedings when ordered by the court for the purpose of being informed of the conditions of a protective order issued pursuant to Section 136.2.

A

arraignment and sentencing

PC 977(a)(2)

62
Q

The accused may execute a written waiver of their right to be personally present, approved by their counsel, and shall be filed with the court. However, the court may specifically direct the defendant to be _____ at any particular proceeding or portion thereof.

A

written waiver

personally present

PC 977(b)(2)

63
Q

If citee does not personally appear but is represented by counsel who is ready to proceed, the court has no authority to _____ to personally appear.

A

issue a bench warrant for citee

In re Morelli (1970) 11 Cal.App.3d 819

64
Q

If the court determines that a criminal misdemeanor defendant has voluntarily absented himself from the proceeding, the court may _____.

A

proceed in absentia

Farace v. Superior Court (1983) 148 Cal.App.3d 915

65
Q

A finding of ______ would likely need to be made if court proceeds in absentia.

A

no good cause for continuance

PC 1043

66
Q

PC 1054 (mandatory discovery) specifically does not apply to contempt because _______.

A

it only applies to criminal prosecutions under the Penal Code

67
Q

When found guilty of contempt, a fine may be imposed not _____, payable to the court, or may be imprisoned not exceeding 5 days, or both. Additionally, the court may order the citee to pay the party initiating the contempt ______ by them in relation to the contempt.

A

exceeding $1,000

reasonable attorney’s fees and costs incurred

CCP 1218(a)

68
Q

When found guilty of contempt for failure to comply with a Family Law court order, the court shall, subject to the sentencing option provided in paragraph (2), order the following: ___ ___ ___

A

(A) First finding: Up to 120 hours of community service or imprisonment for each count;
(B) Second finding: Up to 120 hours of community service AND up to 120 hours of imprisonment for each count;
(C) Third or more finding: Up to 240 hours of community service and up to 240 hours of imprisonment for each count, as well as pay admin fees.

CCP 1218(c)(1)

69
Q

In lieu of an order of imprisonment, community service, or both, as set forth in paragraph (1), the court may grant _____ for a period not to exceed one year upon a first finding of contempt, a period not to exceed ____ upon a second finding of contempt, and a period not to exceed three years upon a third or any subsequent finding of contempt.

A

probation or a conditional sentence

two years

CCP 1218(c)(2)

70
Q

Sentencing may run ______.

A

concurrently or consecutively

Powers v. Superior Court (1967) 253 Cal.App.2d 617

70
Q

Child support is for the benefit of the child, for necessities of life and child should not be deprived because of _____; therefore, the court has no power to _____ as part of contempt adjudication or sentencing nor change the terms of the order.

A

inappropriate parental conduct

reduce child support

Smith v. Superior Court (1977) 68 Cal.App.3d 457

70
Q

The court cannot take custody from a contemner when that issue _____.

A

was not raised by pleadings

Clarke v. Clarke (1970) 4 Cal.App.3d 583

71
Q

When the contempt consists of the ____ to perform an act which is yet in the power of the person to perform, he or she may be imprisoned until _______, and in that case the act shall be specified in the warrant of commitment.

A

omission

he or she has performed it

CCP 1219(a)

72
Q

Visitation cannot be conditioned upon the timely ______ in a modification proceeding.

A

payment of child support

Camacho v. Camacho (1985) 173 Cal.App.3d 214

73
Q

The court may terminate _____ because of the wrongful conduct of the contemner.

A

spousal support

Williams v. Williams (1951) 103 Cal.App.2d 276

74
Q

1218 attorney’s fees and costs may be ordered against a contemnor in all cases, including ______.

A

violations of Family Law orders

Goold v. Superior Court (2006) 145 Cal.App.4th 1

75
Q

If there is any ambiguity of whether a citee is found guilty of a civil or criminal contempt, the ambiguity will be _____.

A

resolved in the citee’s favor

Board of Supervisors v. Superior Court (1995) 33 Cal.app.4th 1724

76
Q

After a plea, finding, or guilty verdict, the court shall appoint a time for pronouncing the judgment which shall not be ______, unless those time requirements are waived. The court may extend said time for not more than ____ if probation is considered And, upon request by defendant, may further extend for not more than 90 additional days.

A

less than 6 hours after, but not more than 5 days after sentencing

20 judicial days

PC 1449

77
Q

An adjudication of contempt is ______.

A

final and conclusive

CCP 1222

78
Q

A contempt judgment is not ______ and must be brought via writ.

A

appealable

Bermudez v. Municipal Court (1992) 1 Cal.4th 855

79
Q

Whoever appeals an order/judgment may not initiate a contempt proceeding concerning that same order until the _____.

A

appeal is resolved

Fontana v. Superior Court (1977) 72 Cal.App.3d 159

80
Q

If an order for contempt is made before an appeal is filed or before a stay is issued, a contempt holding will not ______.

A

be vacated pending the outcome of the appeal

Associated Lumber & Box Company v. Superior Court (1947) 79 Cal.App.2d 577

81
Q

An attorney who brings a contempt that is taken off calendar before hearing, cannot ______.

A

be sued for malicious prosecution

Green v. Uccelli (Green I) (1989) 207 Cal.App.3d 1112

82
Q

No _____ permitted in contempts that are based on family law orders.

A

malicious prosecution

Bidna v. Rosen (1993) 19 Cal.App.4th 27

CFLS (16 decks)

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