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Michael Chui v. Benjamin Tze-Man Chui, as Trustee, et al.

Paid petition · Court of Appeal of California, Second Appellate District, No. B306918 · judgment March 2, 2022


Certiorari denied · January 9, 2023
Pre-decision estimate: 3% cert probability

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

Question presented

The 14th Amendment’s Due Process Clause provides that “No state . . . shall deprive any person of life, liberty, or property without due process of law.” In Mathews v. Eldridge, 424 U.S. 319 (1976) this Court held that while “due process” fundamentally requires notice and opportunity to be heard, the quality of the required notice and hearing in a given case depends on the interests at issue, likelihood of erroneous deprivations of that interest, and practicability. The courts below held that— under California’s Code of Civil Procedure §372(a)(1) and Probate Code §3500(b)—the trial judge had unilateral authority to negotiate and settle a nearadult ward’s legal claims in nine interrelated litigations without notice to the minor or holding an evidentiary hearing, notwithstanding his and his mother’s objections. Other states, such as Texas, always require an evidentiary hearing prior to permanently binding a minor to a settlement. The question presented is: Is a near-adult ward’s right to due process violated by California’s law allowing courts to settle actions involving the minor without the minor’s knowledge, participation, or consent; without an appointment of a guardian ad litem; over the minor’s and his parents’ objections, and without holding an evidentiary hearing to determine if the settlement is in the minor’s best interest?

Counsel of record

For petitioner
Sam P. Israel
Sam P. Israel, P.C.

For respondent
Alex M. Weingarten
Willkie Farr & Gallagher LLP

Case

Conference history
Distributed for 1 conference

Related
Vide, 22-247, 22-253

Proceedings

  1. Jan 09 2023
    Petition DENIED.
  2. Jan 03 2023
    Supplemental brief of respondent Benjamin Tze-Man Chui filed. VIDED. (Distributed)
  3. Nov 30 2022
    DISTRIBUTED for Conference of 1/6/2023.
  4. Nov 29 2022
    Reply of petitioner Michael Chui filed. (Distributed)
  5. Nov 16 2022
    Brief of respondents Benjamin Tze-Man Chui and Margaret Lee in opposition filed. VIDED.
  6. Oct 11 2022
    Motion to extend the time to file a response is granted and the time is extended to and including November 16, 2022, for all respondents.
  7. Oct 07 2022
    Motion to extend the time to file a response from October 17, 2022 to November 16, 2022, submitted to The Clerk.
  8. Sep 13 2022
    Petition for a writ of certiorari filed. (Response due October 17, 2022)