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Sergei Vinkov v. Mark Smith, et al.

Paid petition · Court of Appeal of California, Fourth Appellate District, Division Two, No. E075396


Certiorari denied · January 11, 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.

Question presented

  1. Do the lower courts have the lack of subject matter jurisdiction over a defamation lawsuit against a foreign national board director of religious organization served on voluntary basis in the light of a) First Amendment's Religious Clause, b) Volunteer Protection Act (VPA) of 1997 (42 USC § 14503(a)(1)), c) Communication Decency Act (CDA) of 1996 (47 USC §230(c)(2))?

  2. Do lower courts violate the Due Process Clause delaying in by more than 300 calendar days the provision of written orders following an oral dismissal of affirmative relief (cross-complaint) pled by an aggrieved party to seek the judicial review in the courts of higher jurisdiction?

Counsel of record

For petitioner
Sergei Vinkov

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 11 2021
    Petition DENIED.
  2. Dec 02 2020
    DISTRIBUTED for Conference of 1/8/2021.
  3. Sep 29 2020
    Petition for a writ of certiorari filed. (Response due November 16, 2020)