In re Bernal

Jaime Bernal de la Parra (Bernal) seeks review of the trial court order finding him in contempt of court for refusing to answer inter *141 rogatories and incarcerating him for 15 days. 1 In order to review the petition, we released Bernal from custody; he had then served 10 days in the county jail. We now conclude the petition warrants extraordinary relief because the contempt proceedings are jurisdictionally infirm and the offenses do not warrant imprisonment.

Habeas corpus is a suitable remedy to review a contempt citation. (In re Buckley (1973) 10 Cal.3d 237 [ 110 Cal.Rptr. 121 , 514 P.2d 1201 , 68 A.L.R.3d 248 ].) Extraordinary relief in the form of a writ of prohibition is also appropriate to prevent imposition of unauthorized discovery sanctions. (Lund v. Superior Court (1964) 61 Cal.2d 698, 709-710 [ 39 Cal.Rptr. 891 , 394 P.2d 707 ].) Here habeas corpus is the correct vehicle to review the court order because of petitioner’s resulting confinement.

Real party Robert Tyler, plaintiff, complained against Bernal alleging fraud, constructive trust, conversion, and the right to dissolution and an accounting, all growing out of an alleged oral partnership between Tyler…