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Charles Kinney v. Michelle R. Clark

Paid petition · Court of Appeal of California, Second Appellate District, No. B265267 · judgment May 17, 2017


Certiorari denied · March 26, 2018
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate: the model weighted this down for a self-represented petitioner.

Question presented

Expansion of vexatious litigant law Canstate appellate court justices improperly expand the scope of the vexatious litigant law using their "inherent powers" in direct conflict with the Calif. statute CCP Secs. 391 et seq and recent decisions by the Cal. Supreme Court (contrary to separation of powers of the branches of government)? Denial of First Amendment rights Canjustices improperly deny Kinney's right to fair and unbiased appeal process when he is represented by counsel? Judicial waiver of immunity - Since the justices were acting as prosecutors by expanding the vexatious litigant law, have they waived judicial immunity? The vague vexatious litigant law Is the - vexatious litigant law vague as applied to persons for whom the law was never intended to apply (e.g. to the attorney for the appellant; to an attorney who was notpart of the case or appeal)? Violation of bankruptcy law - Are the justices expanding the vexatious litigant law to enable discharged debtor Clark and her attorneys Marcus etc to continue to violate bankruptcy law with respect to unenforceable prepetition contracts?

Counsel of record

For petitioner
Charles G. Kinney

For respondent
Eric Chomsky

Case

Subject area
Judicial Power (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, March 26, 2018 · Certiorari denied

Proceedings

  1. Mar 26 2018
    Petition DENIED.
  2. Mar 07 2018
    DISTRIBUTED for Conference of 3/23/2018.
  3. Feb 20 2018
    Waiver of right of respondent Michele R. Clark to respond filed.
  4. Nov 14 2017
    Petition for a writ of certiorari filed. (Response due March 19, 2018)
  5. Nov 14 2017
    Appendix of Charles Kinney filed.