MOSS V. SUPERIOR COURT, ORTIZ, REAL PARTY IN INTEREST
17 Cal.4th 396 (1998)
NATURE OF THE CASE: Moss (D), contemnor, father, sought a writ of mandamus to set aside the
contempt judgment of the Superior Court of Riverside County for failure to pay child support.
FACTS: A judgment of dissolution filed on March 17, 1992 ordered D to pay $438 a month to
support his two children. That order was modified in November 1994 to $385 per month. No
payments were made from July 1994 through June 1995. A total of $5,210 was due and unpaid. D
was unemployed when the order was made. The order was based on his ability to make $1,671
gross income per month. Contempt was issued and D was put under an order to show cause and D
was served and directed to appear and show why he was not guilty of contempt. Testimony was
that D was basically unemployed. When asked if he was getting a job his reply was that he
was trying. D's counsel thought that once D raised the defense of inability to comply the
burden of proof was on Ortiz (P) to show D had the ability to comply beyond a reasonable
doubt and that in compelling D to work under threat of punishment constituted involuntary
servitude. P's counsel argued that D had the burden of proof. The court ruled for P and
found that D was capable of work. D was found guilty of contempt. The only factual finding
was that D had the ability to work. D appealed and the Court of Appeals ruled for D as
forcing him to work would be involuntary servitude. This appeal resulted.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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