A SCT Controller reported that a B737 which departed SNA Runway 18 failed to check in with TRACON and failed to stop its climb and so crossed DUUKE at 5;300 FT with VFR traffic at 6;000 FT.

Narrative

I was working Pacific RADAR when I accepted a handoff on a VFR aircraft southeast bound along the shorline at 6;000 FT. A B737 departed SNA airport on the DUUKE departure procedure; which has a crossing restriction of at or below 5;000 FT and then climb to 7;000 FT. I observed the jet crossing the shoreline; which is about 1.5 miles prior to DUUKE Intersection leaving 5;300 FT. The crew had not checked in on frequency; so I transmitted in the blind 'XXXX; stop your climb; traffic 12 o'clock 1 mile 6;000 FT' He replied 'insight'. I would have normally issued RADAR contact to the air carrier on check in but was distracted by the event. The crew never said that he had a TCAS incident nor did he ask any questions about the traffic. I never discussed with the pilot that he had missed his crossing restriction. Procedure was incorrectly flown. If the B737 had complied with the crossing restriction he would have had 1;000 FT between him and the VFR aircraft as they passed and could have continued his climb.