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Rick Bobertz, et al. v. Cushman & Wakefield of California, Inc., et al.

Paid petition · Court of Appeal of California, Second Appellate District, No. B269734 · judgment June 13, 2017

Certiorari denied · February 20, 2018
Pre-decision estimate: 1% cert probability

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

Question presented

Where real estate is packaged as a securities investment and the underlying real estate is advertised as having a specific appraised value, does it violate the Dormant Commerce Clause of the U.S. Constitution for the entity responsible for the appraisal of the underlying real estate to be immune from liability in California courts for fraudulently inflating the appraisal, particularly where Congress has promulgated a regulatory scheme for real estate appraisals?

Counsel of record

For petitioner
Cullin A. O'Brien
Cullin O’Brien Law, PA

For respondent
Jonathan Saul Franklin
Norton Rose Fulbright US, LLP

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 25 2018
    Supplemental brief of petitioners Rick Bobertz, et al. filed.
  4. Jan 03 2018
    Waiver of right of respondents Cushman & Wakefield of California, Inc. and Craig D. Tilson to respond filed.
  5. Nov 28 2017
    Petition for a writ of certiorari filed. (Response due January 22, 2018)