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Spielbauer Law Office v. Midland Funding, LLC, et al.

Paid petition · Court of Appeal of California, Sixth Appellate District, No. H047393 · judgment July 13, 2020

Certiorari denied · March 29, 2021
Pre-decision estimate: 1% cert probability

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

Questions presented

  1. If a statute appears to reasonably permit the filing of a notice of appeal upon entry of order or entry of judgment, is it a denial of due process of law to arbitrarily interpret the statute with its most restrictive timeline?

  2. Does an unconstitutional taking occur when an ambiguous statute is interpreted in a manner so as to deprive a litigant of a meritorious claim or appeal?

Counsel of record

For petitioner
Thomas John Spielbauer
The Spielbauer Law Office

For respondent
Leah Suzanne Strickland
Troutman Pepper Hamilton Sanders LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 29 2021
    Petition DENIED.
  2. Mar 10 2021
    DISTRIBUTED for Conference of 3/26/2021.
  3. Mar 09 2021
    Reply of petitioner Spielbauer Law Office filed. (Distributed)
  4. Feb 24 2021
    Brief of respondents Midland Funding, LLC, et al. in opposition filed.
  5. Jan 19 2021
    Petition for a writ of certiorari filed. (Response due February 24, 2021)