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Sergei Vinkov v. Superior Court of California, County of Riverside, et al.

Paid petition · Court of Appeal of California, Fourth Appellate District, Division Two, No. E079115 · judgment July 25, 2022


Certiorari denied · May 1, 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

Under California state law, appealable judgments are only those, which were written, signed by judicial officer, and filed as a public record (Kurwa v. Kislinger (2017) 4 Cal.5th 109.) (Kurwa) - duties of a trial court include to provide the final judgment; Alan v. American Honda Motor Co., Inc.

  1. 55 Cal.Rptr.3d 534 (Alan) - any minute order is not an appealable order until it is signed and filed). Petitioner is not able to obtain a written, signed, filed order of dismissal of actions, wherein he was an aggrieved party, including immediately appealable interlocutory ruling in 2019. All Petitioner's attempts to redress his grievances through the writ proceedings were summarily denied, therefore those refusals formed into the following constitutional issues (Burns v. Ohio, 360 U.S. 252, (1959) - a refusal to accept the appeal formed into federal constitutional issues): (l) Does California Supreme Court create unconstitutional burden on Petitioner’s rights abstaining from compelling the state trial court to enter the final judgment of dismissal in a civil action?

  2. Has the trial court properly exercised jurisdiction over the Plaintiffs’ defamation claims against a religious speaker in the light of the Federal Constitution and the First Amendment in particular?

Counsel of record

For petitioner
Sergei Vinkov

For respondent

Case

Conference history
Distributed for 1 conference

Linked docket
22A487

Proceedings

  1. May 01 2023
    Petition DENIED.
  2. Apr 12 2023
    DISTRIBUTED for Conference of 4/28/2023.
  3. Feb 01 2023
    Petition for a writ of certiorari filed. (Response due March 24, 2023)
  4. Dec 02 2022
    Application (22A487) granted by Justice Kagan extending the time to file until February 3, 2023.
  5. Nov 30 2022
    Application (22A487) to extend the time to file a petition for a writ of certiorari from December 13, 2022 to February 3, 2023, submitted to Justice Kagan.