Opinion
NOT TO BE PUBLISHED
ORIGINAL PROCEEDING. Petition for Writ of Certiorari, Super. Ct. No. BD453332. Elizabeth R. Feffer, Judge.
Rogers & Harris and Michael Harris for Petitioner.
No appearance on behalf of Respondent.
Law Offices of James T. Neavitt and James T. Neavitt for Real Party in Interest.
TURNER, P. J.
Sheram A. Massehian has filed a certiorari petition challenging oral September 8, 2008 and written October 10, 2008 contempt orders imposing attorney fees when he failed to appear at his February 7, 2008 deposition pursuant to a subpoena duces tecum. A written contempt order must recite: the facts constituting the contempt; the fact the person was adjudged in contempt; and the punishment. (Code Civ. Proc., § 1211; In re Buckley (1973) 10 Cal.3d 237, 247.) The facts recited in the order must state with sufficient particularity or specificity to show without speculation that a contempt actually occurred. (In re Jones (1975) 47 Cal.App.3d 879, 881 [“A valid judgment of contempt must meet strict requirements and must show facts essential to establish jurisdiction for the making of the order, the defendant’s knowledge of the order, his ability to comply, and his willful disobedience”]; see In re Littlefield (1993) 5 Cal.4th 122, 138-139 & fn. 10.) The brief October 10, 2008 written order in this case does not meet these requirements and thus must be annulled. The respondent court’s oral findings were not attached to the written order and do not otherwise provide a basis for supporting the contempt judgment. (Ibid.; In re Ringgold (2006) 142 Cal.App.4th 1001, 1013; Fine v. Superior Court (2002) 97 Cal.App.4th 651, 666.) In any event, the terse oral findings made on September 8, 2008, do not comply with the specific findings requirement. We need not address the remainder of Mr. Massehian’s contentions.
The oral September 8, 2008 and written October 10, 2008 contempt orders are annulled. All parties are to bear their own costs in connection with these certiorari proceedings.
We concur: ARMSTRONG, J., KRIEGLER, J.