Hall v. Superior Court

California Court of Appeal Jun 30, 1932 No. Docket No. 786.Published

Before: Scovel

AI Brief

AI-generated · verify before citing

Holding. The court held that a contempt judgment for failure to obey a subpoena is void if the underlying affidavit fails to allege facts establishing the court's jurisdiction, specifically the witness's residence relative to the place of attendance. Evidence presented at the hearing cannot cure a jurisdictional defect in the initial affidavit.

Issues

Whether an affidavit for contempt is fatally defective if it fails to allege the witness's place of residence to establish the court's territorial jurisdiction.
Whether evidence produced at a contempt hearing can cure a failure to allege jurisdictional facts in the initial affidavit.

Disposition. annulled

Quotations verified verbatim against the opinion

“It is well settled that where the contempt is committed without the presence of the court, the affidavit of facts forming the basis of judicial- action must show upon its face a case of contempt; and if it does not, the court is wanting in jurisdiction, and the order of contempt is void and will be annulled on certiorari.”

SCOVEL, J.,

pro

tem.

Prior to the institution of the proceeding herein sought to be reviewed, Thomas H. Lipps et al. filed an action in the Superior Court of Los Angeles County against Lillian Earle Hall, petitioner herein, and others. Thereafter Thomas H. Lipps, desiring to take the deposition of petitioner, filed in the Superior Court of Riverside County a verified application for subpoena to take deposition, reciting the pendency of the foregoing action, alleging that Lillian Earle Hall “now resides” in Palm Springs in Riverside County and requesting that a

[604]

subpoena issue commanding her to appear before L. B. Caldwell, a notary public in the city of Riverside, on January 18, 1932. The application was supported by an affidavit reciting “that Lillian Earle Hall has appeared in said action and said action is at issue as to her”. Thereupon a subpoena was issued by the Honorable George R. Freeman, judge of the Superior Court of Riverside County, ordering that Lillian Earle Hall appear before such notary in the city of Riverside in Riverside County on January 18, 1932. The subpoena was duly served on' petitioner at Palm Springs and proper notice of the taking of the deposition served upon her attorneys. Lillian Earle Hall failed to appear before the notary on January 18, 1932, for the taking of the deposition.

Thereafter Thomas H. Lipps filed in the Superior Court of Riverside County his application, supported by an affidavit, reciting the filing of the above-named documents, service of the subpoena upon Lillian Earle Hall and notice of the taking of the deposition upon her attorney, upon which application an affidavit and order to show cause was issued directing Lillian Earle Hall to appear before said court to show cause why she should not be held in contempt by reason of her disobedience to said subpoena.

In response to the order to show cause, Lillian Earle Hall duly appeared by her attorney and filed an affidavit reciting that Palm Springs is sixty-five miles from the city of Riverside; that she had failed to obey the subpoena upon advice from her attorney and that the court had no jurisdiction to issue the same. It was further alleged in the affidavit that she was a registered voter and resident of Los Angeles County and that her place of residence was 2302 Budlong Avenue in the city of Los Angeles.

Hall v. Superior Court

AI Brief

SCOVEL, J.,

More from California Court of Appeal

Related research

AI Brief