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Is an order denying the motion for an OSC comtempt subject to CCP 1222 ? Or the denial is appealable ?

Ontario, CA |
Filed under: Civil motions

A party filed a motion for an order to show cause for contempt, the Court agreed with the opposing party that there is no basis for the contempt and denied the motion. If the filer believes the Court is wrong in this decision, can an appeal be filed to argue this point or is the filer barred by CCP 1222 from appeal ?

Attorney Answers 1

Posted

Orders made in contempt proceedings are generally not appealable. See, eg In Re Buckley (1973) 10 Cal.3d 237. They can be reviewed by writ of mandate, but the Court of Appeal has discretion to decline to review the order.

The only exception to this rule is that certain contempt orders may be appealable pursuant to express provisions of the Family or Probate Codes. If this is neither a family law or probate matter, however, then those exceptions almost certainly do not apply.

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Posted

If the motion is requesting that a party should show cause why a sanction should not be issued for a supposedly contemptuous act and the party argued that its act is not contemptuous based on some eroneous interpretation of some precedent , I wonder if that will make the decision on that motion subject to review by appeal because it would require interpretation of law.

Charles Richard Perry

Charles Richard Perry

Posted

The answer is "no." The order is not appealable. You can try to proceed by writ of mandate, but your appeal will be summarily dismissed.

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