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Bo Peng v. F.M. Tarbell Co.

Paid petition · Court of Appeal of California, Second Appellate District, No. B317907 · judgment July 25, 2022


Certiorari denied · June 26, 2023
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

Justice Hoffstadt united trial judges, declined due process of this case of the Jury trial on the 5 claims, under labor code §98.2”, circumvented judgment of due process, unlawfully used government power to reverse the legal status of Plaintiff and Defendant, tried this case according to the defendant’s unlawful objectives, and knowingly treated the void independent contractor agreement as valid to defraud the court and to deny the equal protection of the laws. Judge Moreton conspired with Defendant to use CCP §631.8 judicial process that violated due process and had no jurisdiction, to render a void judgment to achieve the defendant's unlawful objectives and deprived appellant of $28,268.01 in wages. Judge Linfield conspired with Defendant to defraud the court through fabricating judicial process of Civil Code §1717 contract action, made the void amended judgments granting Defendant attorneys' fees and costs, twice depriving the appellant of total $100,128.33 in wage property and adding Lien to appellant's real property. In order to control the outcome of this case, Justice Hoffstadt unlawfully diverted this case to himself to try; personally fabricated different judicial processes in his opinions; practiced unmitigated fraud upon the court itself; unlawfully affirmed that Judge Moreton's void judgment was valid; unlawfully affirmed that Judge Linfield's void amended judgment and void orders were valid; and finally secured defendant to evade tens of millions dollars in government fines. Judges involved in this case are highly partial to Defendant, this case lacked impartial judges. Whether the lack of an impartial judges, and that the state judges, under color of law, without due process of law, deprived appellant of his wage property and placed a lien on his real property, or denied the equal protection of the laws, violate the 14th Amendment to the U.S. Constitution?

Counsel of record

For petitioner
Bo Peng

For respondent
Benjamin K. Griffin
Griffin, P.C.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Aug 21 2023
    Rehearing DENIED.
  2. Jul 27 2023
    DISTRIBUTED.
  3. Jul 21 2023
  4. Jun 26 2023
    Petition DENIED.
  5. Jun 06 2023
    DISTRIBUTED for Conference of 6/22/2023.
  6. May 18 2023
    Waiver of right of respondent F.M. Tarbell Co. to respond filed.
  7. Feb 07 2023
    Petition for a writ of certiorari filed. (Response due May 30, 2023)