HENRY JAMES KOEHLER, Petitioner, v. THE SUPERIOR COURT OF SAN MATEO COUNTY, Respondent; GILBERT PAPAZIAN et al., Real Parties in Interest., 181 Cal. App. 4th 1153

Summary

The attorney was sanctioned for failing to comply with a court order to return confidential documents to third parties. He did not pay the sanctions and argued that the third parties had failed to establish his ability to pay or his willful disobedience of the order. The trial court sentenced him to five days in jail. After a second contempt proceeding, he served another sentence. A third order to show cause was then filed, without an initiating affidavit or personal service, and another jail sentence was imposed for the same failure to pay. The court stated that the third contempt proceeding was improper in several particulars and violated the attorney's due process rights. Code Civ. Proc., § 1211, required an initiating affidavit in indirect contempt proceedings under Code Civ. Proc., § 1219, subd. (a). A contempt citation had to be served personally. The order and judgment failed to set forth the required evidentiary facts, it was not the attorney's burden to show inability to pay, ...