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Michael A. Weiss, Individually and as Executor of the Estate of Jane L. Marsh, Deceased v. Stephen D. Marsh, as Executor of the Estate of Monroe F. Marsh, Deceased, et al.

Paid petition · Court of Appeal of California, Fourth Appellate District, Division One, No. G054553


Certiorari denied · April 15, 2019
Pre-decision estimate: 1% cert probability

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

Questions presented

LIST OF PARTIES:

  1. On the merits and as applied to the facts and evidence in Stephen Marsh and Damon Marsh, Individually and as this case did specified principles of fundamental justice, Co-Executors of Estate of Monroe F. Marsh; and, Michael including unclean hands, constitutionally prohibit the court Weiss, Individually and as Executor of Estate of Jane L. from affirming distribution of property not belonging in the Marsh. estate of Monroe F. Marsh. TABLE OF CONTENTS Page

  2. As a question of law could the court constitutionally deny QUESTION PRESENTED -ior ignore principles of fundamental justice by confirming LIST OF PARTIES -iilack of standing under prior opinions without considering JURISDICTION & STATUTORY BASIS 1 proffered material changes in law and facts occurring since CONSTITUTIONAL CLAUSES & STATUTES 1 the time of opinions. STATEMENT OF THE CASE 1

  3. Was the U.S. Constitution Fourth Amendment infringed ARGUMENT 17 upon by the pre-trial seizure of petitioners property due to APPENDIX TABLE OF CONTENTS lack of probable cause or mode of execution. 1. OPINION FILED 4-11-18 Granting Motion To 1 Dismiss Appeal G054796

  4. OPINION FILED 4-11-18 Granting Motion to 41 Dismiss Appeal G054553 2A ORDER FILED 7-11-18 S248967 re PR (G054796) 50 i ii

Counsel of record

For petitioner
Michael Alan Weiss
Law Office Michael Weiss

For respondent

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Jun 24 2019
    Rehearing DENIED.
  2. Jun 13 2019
    Supplemental brief to petition for rehearing filed. (Distributed)
  3. Jun 04 2019
    DISTRIBUTED for Conference of 6/20/2019.
  4. May 09 2019
    Petition for Rehearing filed.
  5. Apr 15 2019
    Petition DENIED.
  6. Mar 27 2019
    DISTRIBUTED for Conference of 4/12/2019.
  7. Oct 09 2018
    Petition for a writ of certiorari filed. (Response due March 15, 2019)