Moss v. Superior Court, Ortiz, Real Party in Interest

950 P.2d 59 (1998)

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Moss v. Superior Court, Ortiz, Real Party in Interest

California Supreme Court
950 P.2d 59 (1998)

SC

Facts

Brent Moss (defendant) was ordered to pay child support for his two children. Moss was unemployed at the time of the order. Moss did not become gainfully employed and did not pay any of the required child support. Moss’s ex-wife, Tamara Ortiz (plaintiff), filed a declaration seeking to hold Moss in contempt. Moss argued that he did not have the ability to pay the child support because he was unemployed. The superior court held Moss in contempt. The court of appeal reversed. Ortiz appealed.

Rule of Law

Issue

Holding and Reasoning (Baxter, J.)

Dissent (Kennard, J.)

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