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PennyMac Financial Services, Inc., et al. v. Richard Smigelski

Paid petition · Court of Appeal of California, Third Appellate District, No. C081958 · judgment December 19, 2018

Certiorari denied · October 7, 2019
Pre-decision estimate: 3% cert probability

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

Question presented

Whether the Federal Arbitration Act preempts a statelaw rule that prohibits the enforcement of an arbitration agreement in a dispute covered by that agreement unless the State consents, based on the fiction that the State is a party to the lawsuit, when in fact it is not.

Counsel of record

For petitioner
James Allen Bowles
Hill Farrer & Burrill LLP

For respondent
Christopher D. Baker
Baker Dolinko & Schwartz, P.C.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 07 2019
    Petition DENIED.
  2. Aug 07 2019
    DISTRIBUTED for Conference of 10/1/2019.
  3. Jul 30 2019
    Waiver of right of respondent RICHARD SMIGELSKI to respond filed.
  4. Jul 09 2019
    Petition for a writ of certiorari filed. (Response due August 14, 2019)