Autler

DISCUSSION

The record does not reflect that the trial court ever issued a contempt citation or

that one was personally served on petitioner. This is essential to confer jurisdiction to

hear the contempt proceeding. (Cedars-Sinai Imaging Medical Group v. Superior Court

(2000) 83 Cal.App.4th 1281.) Petitioner has not waived the requirement; she objected at

the hearing at which the court determined that a citation should (but did not) issue. Nor,

of course, has she defended on the merits because the contempt hearing has not yet been

held, but has been stayed by this court.

DISPOSITION

The petition for writ of prohibition is granted. Let a peremptory writ of

prohibition issue, directing the Superior Court of Riverside County to vacate the

proposed contempt hearing date. This order is without prejudice to renewed proceedings

should a citation issue in the future and be properly served upon petitioner.

Petitioner is directed to prepare and have the peremptory writ of prohibition

issued, copies served, and the original filed with the clerk of this court, together with

proof of service on all parties. The parties shall bear their own costs.

2 The previously ordered stay is…