In re NINA RINGGOLD

Filed 9/8/06

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

ORIGINAL PROCEEDING. Petition for writ of habeas corpus granted.

Nina Ringgold in pro per for Petitioner.

No appearance for Respondent.

Oldman, Cooley, Sallus, Gold, Birnberg & Coleman, Marshal A. Oldman and Mary-Felicia Apanius for Real Party in Interest.

I. INTRODUCTION

Petitioner, Nina Ringgold, an attorney, seeks a writ of habeas corpus directing the respondent court to annul a June 2, 2006, order adjudging her in direct contempt of court. Ms. Ringgold, the former trustee of a trust, was held in direct contempt of a June 2, 2006 oral order, issued in open court, to sign a document giving the current trustee access to trust property in a storage facility. The duty to sign the document arose from a prior December 16, 2005 order to cooperate and turn over documents which would allow trust property to be distributed to beneficiaries. There are two written contempt orders--a June 2, 2006 minute order and a June 6, 2006 contempt order. The two written contempt orders do not mention the prior December 16, 2005 order. Hence, the two June 2 and 6, 2006 written orders fail to meet the jurisdictional requirements of Code of Civil Procedure^[1] section 1211, subdivision (a). As a result, the contempt orders are void.

II. BACKGROUND

Ms. Ringgold is a beneficiary and former trustee of the Aubry Family Trust. She was terminated as trustee by court order on March 10, 2005. Myer J. Sankary, an attorney, is the current trustee. Mary-Felicia Apanius is an attorney who represents a trust beneficiary.

In November 2005, Mr. Sankary filed a supplement to a petition: to determine certain distribution rights; for additional distribution; for instructions; and partial payment of trustee fees. In addition Mr. Sankary requested that Ms. Ringgold be ordered to cooperate with respect to personal property in a storage unit. Mr. Sankary declared: â€