Supreme Court Report

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Nili N. Alai v. Law Offices of Mark B. Plummer, P.C., et al.

Paid petition · Court of Appeal of California, Fourth Appellate District, Division Three, No. G062355 · judgment May 2, 2024


Certiorari denied · January 21, 2025
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and counsel who has filed here before.

Question presented

Practicing physician Nili N. Alai, M.D. is a frontline worker who has operated a small medical practice in Southern California for 25 years. She had never been sued and hired a local attorney, Respondent Mark Plummer to defend an employment matter. Unbeknownst to her, Plummer was a high frequency, self-represented plaintiff who had filed numerous unsuccessful suits against his former clients and associate counsel— several against the same individuals. In Plummer’s 2018 fee dispute lawsuit against Dr. Alai, she sought to deem Plummer and his alleged alter ego law firm vexatious litigants under California’s statute. She also filed an amicus brief in another of Plummer’s pro se cases. In response—in 2020, Plummer filed this instant defamation suit against Dr. Alai and a web platform that posted various court pleadings. The California courts (1) decided that alleged statements about Plummer’s “vexatious” litigation conduct were not protected speech, and (2) failed to recognize or address Plummer’s limited-purpose public figure status or the public interest surrounding such speech about professional conduct. The appellate court astonishingly summarily dismissed Dr. Alai’s federal claims as ‘moot’ based entirely on a co-defendant’s appeal, effectively silencing her speech. The questions presented are: 1. Whether failing to consider a public figure classification under Gertz and its progeny improperly lowers this Court’s standard for

Counsel of record

For petitioner
James Glenn Bohm
Bohm Wildish & Matsen, LLP

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 21 2025
    Petition DENIED.
  2. Dec 31 2024
    DISTRIBUTED for Conference of 1/17/2025.
  3. Nov 12 2024
    Petition for a writ of certiorari filed. (Response due December 16, 2024)