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Michael Mogan v. Jeff Henry, et al.

Paid petition · Court of Appeal of California, First Appellate District, No. A158851 · judgment November 2, 2020


Certiorari denied · October 4, 2021
Pre-decision estimate: 0% cert probability

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

Questions presented

  1. Whether a California Court is permitted to impose sanctions against an attorney without violating his rights to Due Process under the 5th and 14th Amendments of the United States Constitution where the sanctions motion nor trial court order describe the specific conduct the Appellate Court stated warranted sanctions.

  2. When a drafting party of an agreement to arbitrate is in default, do the intentions of the arbitration provider and considerations of expediency in the dispute resolution process control instead of the written terms of an agreement executed by the parties.

  3. Whether the definition of a prevailing party in the statutory language of California Code Of Civil Procedure section 128.7 is unconstitutionally vague under the 5th and 14th Amendments of the United States Constitution as applied to Petitioner.

Counsel of record

For petitioner
Michael Mogan

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Jun 23 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. Apr 30 2021
    Petition for a writ of certiorari filed. (Response due June 4, 2021)