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Aaron Raiser v. Tri-City Healthcare District, et al.

Paid petition · Court of Appeal of California, Fourth Appellate District, Division One, No. D068567 · judgment April 19, 2017


Certiorari denied · February 20, 2018
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether California Code of Civil Procedure (CCP) §391 violates the U.S. Constitution because CCP §391 bears on a fundamental right of access to the courts and contains an irrebuttable presumption affecting that right? Whether CCP §391 violates the U.S. Constitution because CCP §391 relates to a fundamental right of access to the courts and because CCP §391 is not narrowly tailored to serve a compelling state interest? Whether the state of California can punish a citizen of another state/jurisdiction under CCP §391 for conduct of the citizen in another state/jurisdiction where that conduct is perfectly legal and appropriate in the other state/jurisdiction? Whether CCP §391 impermissibly imposes its law on citizens of other states/jurisdictions in violation of federalism? Whether CCP §391 is unconstitutional on void for vagueness notice grounds?

Counsel of record

For petitioner
Aaron Raiser

For respondent
Christopher M. Freistedt
Dummit, Buchholtz & Trapp

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 20 2018
    Petition DENIED.
  2. Jan 31 2018
    DISTRIBUTED for Conference of 2/16/2018.
  3. Jan 19 2018
    Waiver of right of respondent GE Healthcare, a division of the General Electric Company to respond filed.
  4. Jan 09 2018
    Waiver of right of respondents William A. Meade Jr., M.D. and William A. Meade Jr., M.D., PC to respond filed.
  5. Dec 21 2017
    Waiver of right of respondents Tri-City Medical Center, et al. to respond filed.
  6. Oct 10 2017
    Petition for a writ of certiorari filed. (Response due January 19, 2018)