In Re Feiock

SONENSHINE, J., Concurring and Dissenting.

I agree with the majority’s decision the proceedings here were unmistakably criminal in nature. I disagree, however, with the majority’s holding the trial court correctly denied the motion for nonsuit. As we said in our original opinion (In re Feiock (1986) 180 Cal.App.3d 649 [225 Cal.Rptr. 748]), Code of Civil Procedure section 1209.5 unconstitutionally lessens the moving party’s burden of proof.

The majority contends our original analysis was incorrect because “ability to pay” is an affirmative defense to this type of contempt, and not an element of…