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Linda Shao v. McManis Faulkner, LLP
Paid petition · Court of Appeal of California, Sixth Appellate District, No. H042531 · judgment July 10, 2018
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
The questions presented in this case are: 1. Does due process require reversal of the dismissal of appealbased on the fact that the California 6th District Court of Appeal fraudulently dismissed the appeal by concealing from Petitioner's notice its short notice of the July 9, 2018's new due date of Opening Brief, directing Petitioner to wait for the Court's ruling on her objection for insufficient records on appeal and motions rather than to file an Opening Brief before the ruling, and thereby setting a trap for a secret and prompt dismissal of this appeal with the excuse that Petitioner did not file her Opening Brief, in disregard of the facts that Petitioner had filed part of her appellate brief--- Motion for Judicial Noticein support of her Opening Brief, that the Court was aware that Petitioner would have filed her Opening Brief but for the insufficiency of the records on appeal (All of the papers filed by Petitionerwith the trial court in response to Respondents' motions on vexatious litigant orders were not included in the records on appeal),when, in fact, 13 minutes before the Court's issuance of the notice of acceptance for filing of her Objections and Motions, the Court had already secretly ordered a new short due date for the Opening Brief to be July 9, 2018 without waiting for 15 days as required byRule 8.54(b)(1) of California Rules of Court with clear anticipation that Petitioner would miss the unnoticed due date when the secret order of July 3, 2018 and the
Counsel of record
For petitioner
Linda Shao
For respondent
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Case
Conference history
Distributed for 2 conferences
Proceedings
- Apr 15 2019Rehearing DENIED.
- Mar 27 2019DISTRIBUTED for Conference of 4/12/2019.
- Mar 19 2019Petition for Rehearing filed.
- Feb 25 2019Petition DENIED.
- Feb 06 2019DISTRIBUTED for Conference of 2/22/2019.
- Jan 25 2019Request for recusal received from petitioner.
- Dec 11 2018Petition for a writ of certiorari filed. (Response due January 22, 2019)