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Frederick Pina v. State Farm Mutual Automobile Insurance Company

IFP petition · Court of Appeal of California, Second Appellate District, No. B345286 · judgment August 8, 2025


Certiorari denied · April 20, 2026

Questions presented

  1. Whether a state appellate court effects a deprivation of property without due process of law, in violation of the Fourteenth Amendment, when it dismisses an appeal on the stated ground that the appellant failed to pay court fees, notwithstanding that the court’s own official records irrefutably demonstrate that it had previously granted the appellant’s application to proceed in forma pauperis, thereby rendering the asserted factual predicate for dismissal demonstrably false and the resulting judgment void ab initio?

  2. Whether a state trial judge, acting under color of state law, violates the First and Fourteenth Amendments when he issues an ex parte directive— not in the form of a written order but through secret communications to court personnel—commanding the clerk's office to refuse acceptance of a litigant's application for entry of default, which application California law designates as a mandatory and ministerial filing that the clerk has no discretion to reject, thereby depriving the litigant of access to a judicial forum for the redress of grievances and extinguishing a vested property right in a cause of action?

  3. Whether the Supremacy Clause and the Fourteenth Amendment's guarantee of equal protection are violated when a state court adjudicates the identical claims presented by an identical party to be ’’frivolous'’ for

Counsel of record

For petitioner
Frederick Pina

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 20 2026
    Petition DENIED.
  2. Mar 27 2026
    Supplemental brief of petitioner Frederick Pina filed. (Distributed)
  3. Mar 26 2026
    DISTRIBUTED for Conference of 4/17/2026.
  4. Nov 12 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 12, 2026)