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California Restaurant Association, Inc. v. Superior Court of California, Los Angeles County, et al.

Paid petition · Court of Appeal of California, Second Appellate District, No. B309416 · judgment March 1, 2021

Certiorari denied · October 12, 2021
Pre-decision estimate: 2% cert probability

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

Question presented

Is due process satisfied, consistent with the decision in Jacobson v. Massachusetts, 197 U.S. 11 (1905), where a public health department acts based on “rational speculation” in issuing a public health order that effects a taking of a citizen’s right to the free use and enjoyment of his or her property?

Counsel of record

For petitioner
Dennis Sean Ellis
Browne George Ross O’Brien Annaguey & Ellis LLP

For respondent
—

Case

Conference history
Distributed for 1 conference

Amicus briefs
2 cert-stage

Proceedings

  1. Oct 12 2021
    Petition DENIED.
  2. Sep 15 2021
    DISTRIBUTED for Conference of 10/8/2021.
  3. Sep 07 2021
    Supplemental brief of petitioner California Restaurant Association, Inc. filed.
    Main DocumentCertificate of Word CountProof of Service
  4. Sep 02 2021
    Brief amicus curiae of The Restaurant Law Center filed.
    Main DocumentCertificate of Word CountProof of Service
  5. Sep 02 2021
    Brief amicus curiae of City of Santa Clarita filed.
    Main DocumentProof of ServiceCertificate of Word Count
  6. Jul 30 2021
    Petition for a writ of certiorari filed. (Response due September 2, 2021)
    PetitionCertificate of Word CountProof of Service