Hickman v. Superior Court

FRAMPTON, J. pro tem.* Petitioner herein seeks review of proceedings in the court below and annulment of the judgments of contempt.

Petitioner is the plaintiff in an action for divorce filed August 4, 1964, entitled, Shirley Glen Hickman, Jr. v. Lorraine Eleanore Hickman, Number D654267, in the Superior Court of Los Angeles County.

On September 22, 1964, after a hearing upon the defendant wife’s order to show cause why petitioner should not pay her attorneys' fees, costs, alimony pendente lite and child support, the court below made the following order:

“Temporary custody of the 2 minor children is awarded to the defendant with right of reasonable visitation reserved to the plaintiff. Plaintiff is ordered to pay to defendant for [666]support of the minor children the sum of $150 per month per child, and to defendant for her support the sum of $300 per month, a total of $600 per month, payable one-half on the 1st and 15th days of each month, commencing October 1, 1964, and continuing thereafter until further order of the Court. Plaintiff is ordered to pay to defendant the sum of $150 forthwith. Plaintiff is ordered to pay the monthly installments on the family premises, and taxes and insurance, as they fall due, together with gardener and pool maintenance. Defendant is ordered to pay the utilities and the telephone. Defendant is ordered to return to the plaintiff, forthwith, the credit cards, and she is restrained from incurring any further obligation for which the plaintiff will be liable. The Court appoints the firm of Lipscomb, Hahn, and Brown, 4606 Hollywood Blvd., Los Angeles, No. 1-2106, to prepare an audit of the assets and liabilities of the plaintiff including the Hickman Bros., Inc., Western Mechanical Co., and L. A. Pipe & Supply in which the plaintiff has an interest. Plaintiff is ordered to pay for the cost of such audit. Counsel for the parties are to contact said accountants and discuss with them the nature and character of the audit. The accountants to first contact the accountant for the 3 firms in which the plaintiff has an interest. Counsel for each of the parties is awarded the sum of $3,000 for and on account of attorney’s fees, payable $1,500 forthwith, and balance payable at $500 per month, on the 1st day of each month, commencing November 1, 1964, and continuing thereafter until paid in full. Such sums to be paid out of the community funds before any distribution thereof is made. ...” (Italics added.)

On February 9, 1965, the respondent court held a hearing on an order to show cause why petitioner should not be held in contempt of court for his alleged willful violation of the foregoing order. The sufficiency of this order to show cause is not under atttaek here. After hearing on the order to show cause re contempt, the trial court rendered judgment holding petitioner in contempt on four counts for his alleged willful failure to pay the attorneys ’ fees ordered to be paid as follows, $1,500 on September 22, 1964, $500 on November 1, 1964, $500 on December 1, 1964, and $500 on January 1, 1965. Pronouncement of sentence was continued until February 19, 1965, and on the latter date was again continued until February 23, 1965. On February 24, 1965, this court ordered a temporary stay of the proceedings below based upon the judgments of contempt.