MOSS v. SUPERIOR COURT

Docket No. S057081.

17 Cal.4th 396 (1998)

BRENT N. MOSS, Petitioner, v. THE SUPERIOR COURT OF RIVERSIDE COUNTY, Respondent; TAMARA S. ORTIZ, Real Party in Interest.

Supreme Court of California.

February 2, 1998.


Attorney(s) appearing for the Case

COUNSEL

Alan C. Oberstein and Margaret J. Spencer, Public Defenders, Floyd Zagorsky, Chief Assistant Public Defender, Cheryl Thompson and Taylor L. Huff, Deputy Public Defenders, for Petitioner.

No appearance for Respondent.

Grover Trask, District Attorney, James P. Fullmer and Glen O. Brandel, Deputy District Attorneys, and Michael H. Clepper for Real Party in Interest.

Phillip J. Cline, District Attorney (Tulare) and John S. Higgins, Jr., Deputy District Attorney, as Amici Curiae on behalf of Real Party in Interest.


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)

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