2013-00151482-CL-PO

Robert McDaris vs. Jessica Hunt

Nature of Proceeding:  Motion for Contempt

Filed By:  Rahimzadeh, Yasha

Defendant Jessica Hunt’s motion for contempt is ruled upon as follows.

Defendant seeks an order finding Plaintiff Robert McDaris in contempt for failure to
post the $10,000 undertaking as ordered by the Court in granting Plaintiff’s motion for
preliminary injunction. (See November 5, 2013 Order).  Defendant requests that the
Court impose monetary sanctions, award her attorneys’ fees associated with the
motion, dissolve the Preliminary Injunction, and any additional relief the Court deems
proper.
The motion to find Plaintiff in contempt is DENIED because the posting of an
undertaking is a condition upon the imposition of a preliminary injunction.  Thus where
an undertaking has not been posted, the preliminary injunction must be dissolved.  (
Casitas Inv. Co. v. Charles L. Harney, Inc., (1962) 203 Cal.App.2d 811, 815.)]

The Court, however, will construe Defendant’s motion as one to dissolve the
preliminary injunction.

The Court notes that Plaintiff’s proposed order granting the preliminary injunction was
denied by the Court.  Thus, it does not appear that a final order on the preliminary
injunction has been issued.  Nonetheless, to make the record clear for both parties, the
Court GRANTS the motion as to Defendant’s request to dissolve the preliminary
injunction.  The Court has reviewed its files and it does not appear that Plaintiff has
posted the undertaking.

The Court, however, declines to impose monetary sanctions, award attorneys’ fees or
imposed any additional relief.

The minute order is effective immediately.  No formal order pursuant to CRC Rule
3.1312 or further notice is required.