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James MacDonald v. Louis E. Kempinsky, et al.
Paid petition · Court of Appeal of California, Second Appellate District, No. B283424 · judgment January 24, 2020
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
IN THE SUPREME COURT OF THE UNITED STATES PETITION FOR WRIT OF CERTIORARI QUESTION®) PRESENTED l) Once again, the California SLAPP LAW has denied due process, denied equal protection, denied access to the Courts, penalized those petitioning for redress and denied even limit rights of discovery to defend against Defendants’ SLAPP motions. Plaintiff was denied discovery to prove allegations of material false statements in a verified complaint and to prove Defendants’ fraud regarding false statements and other false evidence submitted in the Defendants’ SLAPP motions. The SLAPP law has created unequal access to the Courts by allowing the wellconnected and wealthy to get away with abuses, while burdening those who petition the Courts for redress with hundreds of thousands of dollars in SLAPP attorney fees. This has created a major public policy perception that you cannot seek justice in California and has been the subject of many articles. a. SLAPP law was declared unconstitutional in the States of Washington and Minnesota, as a violation of due process resulting from substantial abuses of the law. This has resulted in unequal protection of due process between the States. The U.S. Supreme Court is asked to intervene and remedy this unequal treatment in California and between the states. b. The California law on its face, denies full discovery completely and only allows limited discover if the Court approves it, which is seldom granted,
Counsel of record
For petitioner
James MacDonald
For respondent
Mark Schaeffer
Nemecek & Cole
Case
Conference history
Distributed for 1 conference
Proceedings
- Jan 11 2021Petition DENIED.
- Dec 09 2020DISTRIBUTED for Conference of 1/8/2021.
- Nov 03 2020Waiver of right of respondents Louis E. Kempinsky and Kempinsky Law Ltd. to respond filed.
- Oct 27 2020Waiver of right of respondent Lavely & Singer; Martin D. Singer; and Andrew Brettler to respond filed.
- Oct 13 2020Petition for a writ of certiorari filed. (Response due November 23, 2020)