| Case | County / Judge | Motion | Ruling | Indexed | Hearing |
|---|
Order to Show Cause re Contempt; Motion to Stay
(37) Tentative Ruling
Re: Umpqua Bank v. Sran Family Orchards, Inc. Superior Court Case No. 25CECG00844
Hearing Date: May 21, 2026 (Dept. 503)
Motion: 1) Order to Show Cause re Contempt 2) Motion to Stay
Tentative Ruling:
To grant and set the order to show cause hearing on Friday, July 22, 2026 at 1:30 p.m. in Department 503. Counsel for plaintiff shall submit to the court for signature a revised order to show cause as discussed below.
To take the motion to stay off calendar as no papers were filed.
Explanation:
When contempt is not committed in the immediate view and presence of the court, the facts constituting the contempt shall be presented to the court in an affidavit. (Code Civ. Proc., § 1211, subd., (a).) After notice to the opposing party's lawyer, the court (if satisfied with the sufficiency of the affidavit) must sign an order to show cause re contempt in which the date and time for a hearing are set forth. (Code Civ. Proc., § 1212; Arthur v. Superior Court (1965) 62 Cal.2d 404, 408 ["an order to show cause must be issued"].) Indirect contempt (based on conduct outside the presence of the court) requires a showing of the following elements: (1) issuance of a valid order; (2) knowledge of the order; (3) ability to comply with the order; and (4) willful disobedience of the order. (Conn. v. Superior Court (196 Cal.App.3d 774, 784.)
Here, the papers and declarations filed by plaintiff make a prima facie showing that defendants violated the Temporary Restraining Order issued April 30, 2025 and the Preliminary Injunction issued June 6, 2025. (Crawford v. Workers’ Comp. Appeals Bd. (1989) 213 Cal.App.3d 156, 169
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Plaintiff submitted the proposed order to show cause as an attachment to the notice for the instant application. Plaintiff is to submit the proposed order in a separate document. Additionally, the order to show cause shall be revised to include a deadline for service. The court will consider any stipulated service and briefing schedule. If the parties do not stipulate to a specified service and briefing schedule, the court will provide such dates.
Pursuant to California Rules of Court, rule 3.1312(a), and Code of Civil Procedure section 1019.5, subdivision (a), no further written order is necessary. The minute order 10
adopting this tentative ruling will serve as the order of the court and service by the clerk will constitute notice of the order.
Tentative Ruling
Issued By: JS on 5/19/2026. (Judge’s initials) (Date)
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