Legal Question in Landlord & Tenant Law in California

You'd need to check with the court calendaring department to see whether an OSC re: Contempt of the family court's order, or an unlawful detainer would get a hearing first. Unless the OSC will not be heard for a LONG time, I recommend going that route, because there is the risk that the judge hearing the UD will punt it to family court anyway. If the OSC will just take way too long to hear, then you can try the UD.

This does not constitute legal advice: The risk in going with a contempt order and not doing the unlawful detainer (the standard procedure to evict a tenant which leads to a Sheriff removing the tenant) is that wife may try to argue she was wrongfully evicted because proper procedure was not followed. The problem with an unlawful detainer, is she may argue it is also the wrong procedure. Also, the Sheriff will not be clear on what to do without the proper order from the judge. These issues can be addressed and you might even get attorney's fees if she resists, but you need to know how to handle them to reduce risk and hopefully without having to go both routes simultaneously. If you want help, call me.

Best,

Daniel Bakondi, Esq.

415 450 0424

As evidenced by my colleagues responses above, there are two pressing issues here. One is the failure of the ex wife to follow a court order. The second is the failure to surrender possession of the property. These two issues are intertwined but should be attacked separatley but simultaneously. I would recommend that you file an Order to Show Cause (OSC) but file that motion ex parte so that the issue is heard by the Family Law Court on an expedited basis (usually within one business day if properly filed and notice is given). In the county where the property sits, I would recommend that you file an Unlawful detainer action, which is the only procedure based on the California Civil Code by which the court can order a transfer of the property under these circumstances. There may be other issues and other monetary damages to which you are entitled based on the prior court orders and other unknown facts. To get a good handle, I recommend that you contact an attorney. I would be happy to discuss this matter with you. You can reach me at 415. 655.6822.

Regards

R. Gipson, Esq.