RESPONSE FOR CONTEMPT ORDER

by | Feb 13, 2024 | Response to my peers

XXXX

Plaintiff in Pro Per

SUPERIOR COURT OF THE STATE OF XXX

COUNTY OF XXXX

XXXXPlaintiff

vs.

XXXX, an individual; and DOES 1 through 100, inclusive,

Defendants

 Case No.: XXXX

RESPONSE FOR CONTEMPT ORDER

 

Judge: XXX

Dpt.: XXX

 

COMES NOW, Plaintiff, XXXX, pro se, and files this request to have Defendant Kaiser found in Contempt of Court. In support thereof, Plaintiff states as follows:

  1. On XXX this Court ordered Defendant Kaiser to post a $10,000 security with the court within 30 days.
  2. 30 days from XXX would lapse on XXX
  3. On June 12, 2023, Plaintiff received a Nunc Pro Tunc Order, which appeared to correct what the Court stated as an error in the May 9th The Nunc Pro Tunc Order was dated XXX.
  4. However, Plaintiff received and/or was notified of the XXX Minute Order via email on XXX, which is beyond the 30 days specified in the XXX Plaintiff therefore never had occasion to challenge the XXX Order before the deadline lapsed.
  5. Besides, it is not clear why the Court would wait until the security deposit deadline (June 8th), when it issued the XXX Order. This action by the Court makes the Order suspect.
  6. Until the time Plaintiff is filing the instant request, Kaiser has not posted security as directed by the Court.
  7. A contempt committed in the immediate view and presence of the court is a direct contempt. Pori v. XXX
  8. Direct contempt may be treated summarily. All that is required is that an order be made reciting the facts, adjudging the person guilty and prescribing the punishment. See In re Buckley (1973) 10 Cal.3d 237, 247.
  9. Plaintiff therefore requests this Court find Kaiser in contempt of the Court Order issued on XXX which Order directed Kaiser to post a $10,000 security with the court within 30 days.
  10. Next, Plaintiff requests this Court to issue a Show Cause Order to the BRN to show cause why judgment should not be entered against them for failing respond to Plaintiff’s summons. Courts have inherent power to exercise reasonable control over all proceedings connected with the litigation before it. See XXX.

WHEREFORE, Plaintiff prays this Honorable Court find Defendant Kaiser to be in contempt of Court. Plaintiff also prays this Court issue a Show Cause Order to the BRN, to show cause why judgment should not be entered against them for failing to respond to Plaintiff’s summons. Plaintiff prays for any other Order this Court deems just.

Dated: ___________

Respectfully submitted,

_XXX__

XXXX

CERTIFICATE OF SERVICE

I hereby certify that on [ENTER DATE], a copy of the foregoing document has been sent to the Defendants in the following address:

CCC

DATED: ____________________

________XXX_

XXX

XXX

Plaintiff in Pro Per

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