MOTION TO SET ASIDE/VACATE DISMISSAL
7. AMERICAN EXPRESS NATIONAL BANK VS. YOUNG 2024-01435667 MOTION TO SET ASIDE/VACATE DISMISSAL
Plaintiff American Express National Bank’s Motion to Set Aside Dismissal and Enter Judgment is GRANTED. The dismissal of the entire action is set aside and judgment is entered in Plaintiff’s favor and against Defendants in the sum of $292,893.21 including costs. The Court retained jurisdiction pursuant to Code of Civil Procedure section 664.6. (Dyle Decl., Ex. A, ¶ 18.) Defendants breached the Settlement Agreement by failing to make timely payments under the Agreement. Defendants agreement to pay Plaintiff $50,000 per month for four months beginning in May 2025 and ending in August 2025. (Dyle Decl., Ex. A, ¶ 6.) Defendants never made any payments under the settlement agreement. (Dyle Decl., ¶¶ 7-10.)
8. SHEEHAN VS. SHEEHAN 2024-01414691 ORDER TO SHOW CAUSE RE: CONTEMPT The Order to Show Cause Re: Contempt is CONTINUED to 9/4/26 at 9:00 a.m. in Department C32. Plaintiff/Cross-Defendant Colleen Sheehan is ORDERED to return possession of the real property located at 2247 Meyer Place, Costa Mesa, CA 92627 and the ‘Ferraris Online’ YouTube channel before the continued hearing date. The parties may meet and confer regarding the specific manner and method of return. Legal Standard “The essential facts to establish contempt for violation of a court order are ‘(1) the making of the order, (2) knowledge of the order, (3) ability of the respondent to render compliance, and (4) willful disobedience of the order.’ [Citation]” (Moore v. Superior Court of Orange County (2020) 57 Cal.App.5th 441, 456.)
When a contempt is not committed in the immediate view and presence of the court, or of the judge at chambers, an affidavit must be presented to the court or judge of the facts constituting the contempt, or a statement of facts by the referees, arbitrators, or other judicial officers. (Code Civ. Proc., § 1211(a).) Once an affidavit has been filed, an ex parte order to show cause will be issued commanding the accused to appear before the court and answer the charges. (Code Civ. Proc., § 1212
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The court or judge must hear any answer which the accused may make, and may examine witnesses for or against him or her. The hearing may be adjourned from time to time if necessary. (Code Civ. Proc., § 1217.) The party charged with contempt is entitled to a hearing at which they may present any appropriate defenses, either by affidavits or witnesses, or both. (Hotaling v. Superior Court, City and County of San Francisco (1923) 191 Cal. 501.) After the evidence has been presented, the court must determine whether the