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Bi Rite Auto Transport, Inc., et al. v. Russell Dilday, et al.

Paid petition · Court of Appeal of California, Fifth Appellate District, No. F077682 · judgment January 12, 2022


Certiorari denied · May 1, 2023
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. Is California’s scheme of procedural due process in its Code of Civil Procedure and Civil Rules of Court satisfactory of constitutionally protected due process rights secured by the XIV Amendment?

  2. Does the XIV Amendment require, as a minimum, that California courts adhere to State procedural requirements for disposition of civil cases?

  3. Where the right to appeal a civil judgment is granted by a state court’s settled procedure, does federal due process prohibit denying a litigant that right on grounds not authorized by the state statute?

  4. Is it a violation of federal due process requirements for a state appeal court to deny substantial consideration of the appeal when it is presented in accordance with the rules and laws of the forum state?

Counsel of record

For petitioner
Zishan Lokhandwala
Romaine Lokhandwala Law Group. LLP.

For respondent
Catherine Elizabeth Bennett
Klein, DeNatale, Goldner, LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. May 01 2023
    Petition DENIED.
  2. Apr 12 2023
    DISTRIBUTED for Conference of 4/28/2023.
  3. Mar 23 2023
    Brief of respondents Russell Dilday, et al. in opposition filed.
  4. Mar 13 2023
    Motion to extend the time to file a response from March 13, 2023 to March 23, 2023, submitted to The Clerk.
  5. Mar 13 2023
    Motion to extend the time to file a response is granted and the time is extended to and including March 23, 2023.
  6. Jul 19 2022
    Petition for a writ of certiorari filed. (Response due March 13, 2023)