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Scott Douglas Ora v. Hollywood Chamber of Commerce

Paid petition · Court of Appeal of California, Second Appellate District, No. B321734 · judgment August 1, 2023


Certiorari denied · March 18, 2024
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

Plaintiff has tried all possible means ever since his discovery on July 6, 2017 of lyricist Leo Robin’s star to confer with the Hollywood Chamber of Commerce to install the star awarded to Robin on the Hollywood Walk of Fame. In the end, the Hollywood Chamber ultimately failed do the right thing by not fulfilling its obligation to install the star on the Hollywood Walk of Fame in accordance with the binding written contract. During the trial court proceedings the Plain­ tiff repeatedly argued the waiver of performance of conditions precedent by tile Hollywood Chamber. The waiver issue was never fleshed out earlier because the trial court and the Hollywood Chamber failed to ack­ nowledge, overlooked and /or avoided this salient legal argument. The Court of Appeal who generally reviews what has occurred during the trial court has ruled strictly on the Appellant; s argument regarding the waiver by the Hollywood j Chamber of the conditions precedent. j The Questions Presented Are: 1. In this case of perilously profound impression, did the Court of Appeal violate the due process rights of Appellant when it arbitrarily disregarded allegations by the Appellant without a hearing at the eleventh hour based on its contention that those allegations characterize his correspondence with the Hollywood Chamber in a manner that conflicts with the actual text of that correspondence provided in the exhibits to determine that the Hollywood Chamber did not waive performance of the conditions precedent?

Counsel of record

For petitioner
Scott Douglas Ora

For respondent

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Apr 29 2024
    Rehearing DENIED.
  2. Apr 10 2024
    DISTRIBUTED for Conference of 4/26/2024.
  3. Apr 09 2024
  4. Mar 18 2024
    Petition DENIED.
  5. Feb 28 2024
    DISTRIBUTED for Conference of 3/15/2024.
  6. Jan 11 2024
    Petition for a writ of certiorari filed. (Response due February 16, 2024)