220 Cal. App. 4th 49
Cal. Ct. App.2013Background
- A juvenile wardship petition was filed in Alameda County alleging M.R., age 15, was a habitual truant under §601(b).
- M.R. admitted the petition and was declared a ward; the court imposed probation conditions including school attendance, a 6:00 p.m. curfew, and limitations on overnight stays.
- At a November 30, 2012 progress hearing, the court ordered M.R. to attend Weekend Training Academy (WETA) and suspended additional WETAs; the court warned of potential weekend confinement as a consequence of violations.
- By January 4, 2013, probation reports showed noncompliance with attendance, curfew, and a trip to Reno; the court prepared to incarcerate M.R. for a weekend in juvenile hall.
- The court remanded M.R. to juvenile hall without first holding a formal civil-contempt proceeding, and the ward timely appealed the order.
- The appellate court concluded the contempt order was void for failing to follow Code of Civil Procedure procedures for indirect contempt, and annulled the order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether CCP procedures apply to juvenile contempt in truancy cases | M.R. compliance with Michael G. requires CCP procedures | AG argues Michael G. permits contempt without CCP procedures | Yes; CCP procedures apply and order void for lack of them |
Key Cases Cited
- Michael G., 44 Cal.3d 283 (Cal. 1988) (establishes caution and special requirements before imprisoning status offenders)
- Vanessa M., 138 Cal.App.4th 1121 (Cal. App. 2006) (assumes CCP contempt procedures apply to juvenile section 213 contempt)
- Cedars-Sinai Imaging Medical Group v. Superior Court, 83 Cal.App.4th 1281 (Cal. App. 2000) (personal service and jurisdiction in contempt proceedings)
- Koehler v. Superior Court, 181 Cal.App.4th 1153 (Cal. App. 2010) (affidavit/notice and initiation requirements for indirect contempt)
- In re Cowan, 230 Cal.App.3d 1281 (Cal. App. 1991) (contempt proceeding requires proper procedural filings to be valid)
- In re Morelli, 11 Cal.App.3d 819 (Cal. App. 1970) (declaration as substitute for affidavit in contempt proceedings)