Keck

Wanke, Industrial, Commercial, Residential, Inc. v. Keck

Good Law
209 Cal. App. 4th 1151
Court of Appeal of CaliforniaOctober 4, 2012No. D058669; No. D058825California12,068 words

Opinion

Lead Opinion

Aaron, J.

I.

INTRODUCTION

This case requires this court to answer two fundamental questions. First, may a party obtain appellate review of an order acquitting a defendant in a nonsummary criminal contempt proceeding? We conclude that the double jeopardy clause of the Fifth Amendment to the federal Constitution precludes such review. Second, may a party successfully defend against an alleged violation of a facially valid stipulated injunction that the trial court had jurisdiction to issue, on the ground that the injunction is invalid? We conclude that the answer to this question is “no.”

Applying these conclusions in the present case, we deny Wanke, Industrial, Commercial, Residential, Inc.’s (Wanke) writ petition seeking review of an order acquitting Scott Keck and his company, WP Solutions, Inc. (WP *1156 Solutions), of contempt for violating a stipulated injunction enjoining Keck and WP Solutions from soliciting certain Wanke customers. However, with respect to Wanke’s related appeal from its motion to enforce a settlement agreement that incorporated the stipulated injunction, we conclude that the trial court erred in finding that the stipulated injunction is invalid and…

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