Failure to pay sanctions 388
May 2nd, 2011 
admin Premises Liability is anther area of San Diego Personal Injury Law.
Koehler v Superior Court 181 Cal.App.4th 1108 (2010) (1 /2) Lawyer K held in contempt for failing to pay discovery sanctions and for failing to return confidential records. Sentenced to five days in jail for each. On third contempt proceeding K filed habeas corpus proceeding. Treated as writ of prohibition since K not in custody. Writ issued. On indirect contempt–that occurring outside of judge’s presence–order failed on four grounds: (1) No initiating affidavit: sua sponte order is insufficient. (2) Mail service inadequate; must bepersonal. (3) Court’s order must show order, K’s knowledge of it, K’s ability to comply, and K’s willful disobedience. (4) Pen C § 654 applies–no multiple punishments for same, although continuing, contempt. Court relies on Rothman Judicial Conduct Handbook, CJER Courtroom Control, CJER Civ Pro Before Trial. San Diego personal injury attorney.