No. 18-1138

Charles Kinney v. Superior Court of California, Los Angeles County, et al.

Lower Court: California
Docketed: 2019-03-04
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: bankruptcy bankruptcy-law civil-rights constitutional-vagueness due-process first-amendment judicial-bias judicial-discretion retaliation standing vexatious-litigant
Key Terms:
SocialSecurity DueProcess FirstAmendment Securities
Latest Conference: 2019-04-26
Question Presented (AI Summary)

Unconstitutional vagueness of California vexatious litigant law, violation of civil and constitutional rights, bankruptcy law violations, due process issues, First Amendment rights, judicial bias and retaliation

Question Presented (OCR Extract)

QUESTIONS PRESENTED Cal. vexatious litigant law is unconstitutionally vague on its face. The language is unclear as to: (a) what is “litigation”; (b) what has or doesn’t have “merit”; (c) what are “reasonable expenses” that must be posted for “security”; (d) what can . be counted as 5 losses; (e) how far back is 7 years; and (f) which “presiding” justice can rule. The Cal. statute, CCP Secs. 391 etc only applies . to plaintiffs “in propria persona”, but it has been . applied to Kinney as a non-party, as a defendant, : and as the attorney for defendants by judges and justices who ruled that Kinney was a “vexatious litigant” (“VL”) in each of those non-pro-per roles. : Their rulings were used to justify their violations of Kinney’s civil and constitutional rights, to prevent him from challenging “void” orders, to retaliate against him, and to levy excessive fines. At the same time, they also ignored bankruptcy law at 11 U.S.C. Sec. 524(a)(1) which “voids” any order by any court that decides or implies thata _ discharged Chapter 7 “no asset” debtor still has “personal liability” to a listed creditor (e.g. for : post-petition legal work by that creditor based on ; pre-petition contracts). That has occurred here. . Bankruptcy law at 11 U.S.C. Sec. 524(a)(2) stops motions by a listed creditor which decides or implies that a discharged Chapter 7 “no asset” debtor still has “personal liability” to that listed creditor. That law is being ignored here. i

Docket Entries

2019-04-29
Petition DENIED.
2019-04-10
DISTRIBUTED for Conference of 4/26/2019.
2019-03-14
Waiver of right of respondent Michele R. Clark to respond filed.
2019-02-23
Petition for a writ of certiorari filed. (Response due April 3, 2019)

Attorneys

Charles Kinney
Charles G. Kinney — Petitioner
Charles G. Kinney — Petitioner
Michele R. Clark
Eric Chomsky — Respondent
Eric Chomsky — Respondent