Albrecht

The issue presented in this writ proceeding is whether a postdissolution contempt citation may validly be served upon counsel for an absent party without a factual showing of concealment and of reasonable efforts to give notice to the missing party. We hold that it may not and issue the writ.

Petitioner, a citee in a contempt of court proceeding, seeks through her counsél a writ of mandate/prohibition directing respondent superior court (Court) to quash service of the order to show cause and restraining it from proceeding further on the ground she was not properly served with the order under Civil Code section 4809.

On October 27, 1981, the Court denied petitioner’s motion to quash and set the matter for hearing on the order to show cause. We stayed the proceeding and issued an alternative writ of prohibition.

Petitioner contends Civil Code section 4809 requires service of an order to show cause on the party rather than on her counsel. Even if it does permit service on counsel under some circumstances, she asserts the court erred in permitting such service here.

Facts

On July 15, 1981, in a postdissolution proceeding, the court awarded petitioner and her former…