Mulvany

Phyllis A. Mulvany (Phyllis), petitioner, seeks a writ of mandate to compel the trial court to reinstate against real party David J. Mulvany (David) dismissed contempt charges to enforce payment of attorneys’ fees in the underlying dissolution action.

The family law court ordered David, among other things, to pay Phyllis’s attorneys the sum of $10,000. Phyllis noticed an order to show cause to enforce payment by contempt sanctions. The matter first came on for hearing on April 14, 1986, at which time Phyllis attempted to introduce certain declarations in evidence, David objected, the parties’ counsel held a chambers conference and the matter was then continued without objection to April 21. No evidence was actually introduced on April 14.

On April 21, Phyllis’s counsel called the court and had the matter taken off calendar. They gave no notice to David or his counsel. There were no appearances and no hearing took place.

Later, on May 5, Phyllis filed a new order to show cause seeking the same attorneys’ fees as in the earlier proceeding, as well as additional sums for unpaid spousal support and child support. At the hearing on the augmented order to show cause, the…