§ 491.160 Failure to appear; wilfully making improper service

Codes > California Code of Civil Procedure > Part 2 > Title 6.5 > 491.160

§ 491.160. Failure to appear; wilfully making improper service

    (a) If an order requiring a person to appear for an examination was served by a sheriff, marshal, a person specially appointed by the court in the order, or a registered process server, and the person fails to appear:

        (1) The court may do either of the following:

            (A) Pursuant to a warrant, have the person brought before the court to answer for the failure to appear and may punish the person for contempt.

            (B) Issue a warrant for the arrest of the person who failed to appear as required by the court order, pursuant to Section 1993.

        (2) If the person's failure to appear is without good cause, the plaintiff shall be awarded reasonable attorney's fees incurred in the examination proceeding.

    (b) A person who willfully makes an improper service of an order for an examination which subsequently results in the arrest pursuant to subdivision (a) of the person who fails to appear is guilty of a misdemeanor.