Texastoo said:
California
what does the term imaging mean when a divorce has been filed but not recordedwhat does the term imaging mean when a divorce has been signed by the judge but not recorded yet
My response:
Okay, I'll take a stab at this one.
Contempt proceedings to enforce a civil judgment or order are commenced by presenting a prescribed "charging affidavit" to the court. [Ca Civ Pro § 1211(a); Cedars-Sinai Imaging Med. Group v. Super.Ct. (Moore) (2000) 83 Cal.App.4th 1281, 1286, 100 Cal.Rptr.2d 320, 324]
Based on the affidavit (which recites the facts constituting the prima facie contempt), the court must then issue and sign an order to show cause directing the alleged contemnor to appear and be heard on the charge at a specified date and time. [Ca Civ Pro § 1212; see Cedars-Sinai Imaging Med. Group v. Super.Ct. (Moore), supra, 83 Cal.App.4th at 1286, 100 Cal.Rptr.2d at 324 & fn. 5]
The completed OSC and affidavit form(s) are taken to the court clerk, who will obtain the judge's signature on the OSC and then file the papers. [See Cedars-Sinai Imaging Med. Group v. Super.Ct. (Moore) (2000) 83 Cal.App.4th 1281, 1286, 100 Cal.Rptr.2d 320, 324]
Conformed copies of the charging affidavit and OSC must be served on the citee at least 21 calendar days before the hearing (Ca Civ Pro § 1005(b). The citee must be served personally, in a manner authorized for service of summons. Service on the citee's attorney will not suffice in a contempt proceeding. [Ca Civ Pro §§ 1015, 1016; see also Ca Fam § 215 (postjudgment proceedings); Cedars-Sinai Imaging Med. Group v. Super.Ct. (Moore), supra, 83 Cal.App.4th at 1286-1287, 100 Cal.Rptr.2d at 324 - - OSC re Contempt acts as a summons; Albrecht v. Super.Ct. (Laird) (1982) 132 Cal.App.3d 612, 614, 183 Cal.Rptr. 417, 418]
Personal service of the affidavit and OSC on the citee is a prerequisite to the court's jurisdiction to proceed. A contempt adjudicated on defective service (e.g., service on citee's attorney alone) is jurisdictionally defective and thus void. [Cedars-Sinai Imaging Med. Group v. Super.Ct. (Moore), supra, 83 Cal.App.4th at 1287-1288, 100 Cal.Rptr.2d at 325]
"Substitute service" on attorney where citee concealing self:
"Substitute service" on the citee's attorney of record might suffice where the citee has concealed himself or herself to avoid service of the contempt papers. [Shibley v. Super.Ct. (1927) 202 Cal. 738, 742-743, 262 P 332, 334; see also Cedars-Sinai Imaging Med. Group v. Super.Ct. (Moore), supra, 83 Cal.App.4th at 1286, 100 Cal.Rptr.2d at 324--personal service on citee required "(u)nless the citee has concealed himself from the court"]
Appearance at hearing on merits as curing defective service:
The citee's voluntary appearance at the contempt hearing and presentation of evidence on the merits apparently is a valid substitute for the requisite personal service (effectively waiving defective service). [Cedars-Sinai Imaging Med. Group v. Super.Ct. (Moore), supra, 83 Cal.App.4th at 1287-1288, 100 Cal.Rptr.2d at 325 (dictum); see Leonis v. Super.Ct. (1952) 38 Cal.2d 527, 531, 241 P.2d 253, 255-256]
IAAL