Legal Opinion

Moss v. Superior Court

California Supreme Court

Decided February 2, 1998No. S057081PublishedCited by 50 opinions

1Opinion of the Court

Opinion

BAXTER, J.

May a parent whose inability to pay court-ordered child support results from a willful failure to seek and obtain employment be adjudged in contempt of court and punished for violation of the order? Concluding that it was bound by this court’s decision a century ago in Ex parte Todd (1897) 119 Cal. 57 [50 P. 1071] (Todd), which was recognized as binding precedent in In re Jennings (1982) 133 Cal.App.3d 373 [184 Cal.Rptr. 53] (Jennings), the Court of Appeal reluctantly held that to impose *401a contempt sanction in those circumstances is beyond the power of the court. It therefore…

2Cases cited79 opinions

  1. Mullaney v. WilburSupreme Court of the United States · 1975
  2. Patterson v. New YorkSupreme Court of the United States · 1977
  3. Auto Equity Sales, Inc. v. Superior CourtCalifornia Supreme Court · 1962
  4. Collins v. YoungbloodSupreme Court of the United States · 1990
  5. Bouie v. City of ColumbiaSupreme Court of the United States · 1964

74 more not listed; retrieve them via the Exa API.

3Cited by50 opinions

  1. 98 Cal. Daily Op. Serv. 4219, 98 Daily Journal D.A.R. 5827 the San Remo Hotel Thomas Field Robert Field T & R Investment Corp. v. City and County of San Francisco, a Municipal Corporation Department of City Planning Board of Permit Appeals San Francisco Board of SupervisorsCourt of Appeals for the Ninth Circuit · 1998
  2. Olszewski v. Scripps HealthCalifornia Supreme Court · 2003
  3. Samara v. MatarCalifornia Supreme Court · 2018
  4. Cheriton v. FraserCalifornia Court of Appeal · 2001
  5. Grafton Partners L.P. v. Superior CourtCalifornia Supreme Court · 2005

45 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API