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Alice Jin-Yue Guan v. Bing Ran

Paid petition · Supreme Court of Virginia, No. 200995 · judgment January 11, 2021


Certiorari denied · November 8, 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

Respondent sought injunction against Petitioner seeking to void their contract that contains their constitutionally and federally protected property and personal rights and seeking to restrain Petitioner from physical presence, from speech, and from association in the company they co-own, seeking to remove $2.3M loan Petitioner borrowed per IRS code from Petitioner’s own fund that was stored at the company. Petitioner sough Declaratory Judgement to determine whether the contract is enforceable after Respondent resigned and sought injunctive relief against Respondent to prevent him from interfering with the company management. Circuit Judge denied Petitioner’s pleadings, ruled Petitioner become a minority owner after removing 2% of her ownership without notice and without due process and granted Respondent’s injunctions against Petitioner. Supreme Court of Virginia affirmed and ruled, in one paragraph containing 4 lines of 49 word, that there is no error in the lower court’s ruling. The questions presented are:

  1. Whether state courts violated Petitioner’s federal rights by removing her own property of 2% company ownership and $2.3M cash without notice and due process, without right to equal protection and substantive due process.

  2. Whether state courts erred in denying due process for declaratory judgement relief and for removing contract that is based on state laws and protected by federal law.

Counsel of record

For petitioner
Alice Guan

For respondent

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Jan 10 2022
    Rehearing DENIED.
  2. Dec 15 2021
    DISTRIBUTED for Conference of 1/7/2022.
  3. Dec 02 2021
  4. Nov 08 2021
    Petition DENIED.
  5. Oct 20 2021
    DISTRIBUTED for Conference of 11/5/2021.
  6. Aug 23 2021
    Petition for a writ of certiorari filed. (Response due October 1, 2021)