No. 18-458

Lillian Pellegrini v. Fresno County, California, et al.

Lower Court: Ninth Circuit
Docketed: 2018-10-11
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: 18-usc-1961 42-usc-1983 civil-procedure civil-procedure-60b civil-rights color-of-law due-process fraud property-rights rooker-feldman-doctrine standing
Key Terms:
SocialSecurity DueProcess FourthAmendment JusticiabilityDoctri
Latest Conference: 2019-02-22 (distributed 2 times)
Question Presented (AI Summary)

Can the Rooker-Feldman Doctrine bar federal court jurisdiction under Federal Rules of Civil Procedure 60(b), 42 U.S.C. 1983, or 18 U.S.C. 1961 et seq. when officers of the state probate courts, its agents, municipal officers and banking officers act under the color of law outside their limited authority to take property from the rightful owner through acts of fraud?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Can the Rooker-Feldman Doctrine bar federal court jurisdiction under Federal Rules of Civil Procedure 60(b), 42 U.S.C. 1983, or 18 U.S.C. 1961 et seq. when officers of the state probate courts, its agents, municipal officers and banking officers act under the color of law outside their limited authority to take property from the rightful owner through acts of fraud? 2. Is it an abuse of authority to deny de novo review when a district court relies on misstated facts in an unpublished state court’s opinion issued without notice, without review, when the state court lacked statutory authority to exercise jurisdiction over the parties to issue the opinion and when best evidence rebuts the facts contained in the opinion issued without any opportunity to be heard in any court and when equal justice requires the same rights to be maintained under the same circumstances? i

Docket Entries

2019-02-25
Rehearing DENIED.
2019-02-06
DISTRIBUTED for Conference of 2/22/2019.
2019-01-29
2019-01-07
Petition DENIED.
2018-11-28
DISTRIBUTED for Conference of 1/4/2019.
2018-11-13
Waiver of right of respondent Comerica Bank to respond filed.
2018-11-13
Waiver of right of respondent County of Fresno, erroneously sued as Public Guardian, Fresno County Counsel, Fresno County to respond filed.
2018-11-05
Waiver of right of respondent Superior Court of California for the County of Frenso to respond filed.
2018-11-02
Waiver of right of respondent Fresno County, et al. to respond filed.
2018-10-29
Waiver of right of respondents UBS Financial Services Inc.; The Bank of New York Mellon to respond filed.
2018-10-05
Petition for a writ of certiorari filed. (Response due November 13, 2018)

Attorneys

Comerica Bank
Peter G. BertrandBuchalter, APC, Respondent
Peter G. BertrandBuchalter, APC, Respondent
County of Fresno, erroneously sued as Public Guardian, Fresno County Counsel, Fresno County
Leslie M. DillahuntyWeakley & Arendt, A Professional Corp., Respondent
Leslie M. DillahuntyWeakley & Arendt, A Professional Corp., Respondent
Fresno County, et al.
James KachmarWeintraub Tobin Chediak Coleman Grodin A Law Corporation, Respondent
James KachmarWeintraub Tobin Chediak Coleman Grodin A Law Corporation, Respondent
Lillian Pellegrini, et al.
Beverly Jean Pellegrini — Petitioner
Beverly Jean Pellegrini — Petitioner
Superior Court of California for the County of Frenso
Sharon M. NagleBold, Polisner, Maddow, Nelson & Judson, Respondent
Sharon M. NagleBold, Polisner, Maddow, Nelson & Judson, Respondent
UBS Financial Services Inc.; The Bank of New York Mellon
Paul Terrance RossKeesal, Young & Logan, Respondent
Paul Terrance RossKeesal, Young & Logan, Respondent