Mitchell v. Superior Court

After being found in contempt of the trial court, petitioners herein sought issuance by this court of a writ of certiorari (writ of review, Cede Civ. Proc., § 1067). We issued an order staying execution of the order of contempt and thereafter issued a writ of certiorari. We herein annul the contempt order.

In May 1969, David Evans filed a complaint for money due on a promissory note against William M. Mitchell and others. After service was effected, defaults were entered against defendant William M. Mitchell and against named defendants Leventhal and Epstein; judgment for $ 126,719.24 against these three defendants was entered in September 1969. The judgment was not paid.

In January 1972, Evans noticed a motion to be heard February 15, 1972, directed to William M. Mitchell and to one Sydney Karlin, who was not a party to the original action, asking for “Appointment of Receiver, and Charging Order on Partnership Interest” under Code of Civil Procedure section 564, subdivisions 1 and 4, and Corporations Code section 15028, subdivision (1). Copies of the notice were served upon these persons. At the same time, Evans secured orders and subpenas for the appearances of…