Legal Opinion
Koshak v. Malek
California Court of Appeal
Decided November 22, 2011No. B225512PublishedCited by 18 opinions
1Opinion of the Court
Opinion
MOSK, J.
INTRODUCTION
The trial court found defendant and appellant Hany Malek (Malek) guilty on 10 charges of indirect contempt. In addition to imposing jail time and fines, as well as ordering him to pay attorney fees, the trial court ordered Malek to pay $1.7 million in restitution to a receivership based on what the trial court considered its inherent power to control the proceedings before it and enforce its prior orders. Malek appeals from the restitution order,1 arguing, inter alia, that the entry of that order without prior notice or a meaningful opportunity to be heard violated…
2Cases cited36 opinions
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Cleveland Board of Education v. LoudermillSupreme Court of the United States · 1985
- Fuentes v. ShevinSupreme Court of the United States · 1972
- Boddie v. ConnecticutSupreme Court of the United States · 1971
- Bell v. BursonSupreme Court of the United States · 1971
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3Cited by18 opinions
- Tourgeman v. Nelson & KennardCalifornia Court of Appeal · 2014
- Apex LLC v. Korusfood.comCalifornia Court of Appeal · 2014
- Dep't of Forestry & Fire Prot. v. Howell, California Court of Appeal, 5th District2017
- Marenco v. DirecTV LLCCalifornia Court of Appeal · 2015
- People v. M.R.California Court of Appeal · 2013
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