No. 18-8746

Tatyana E. Drevaleva v. California Department of Industrial Relations, Division of Labor Standards Enforcement

Lower Court: California
Docketed: 2019-04-09
Status: Denied
Type: IFP
IFP
Tags: abandonment-of-appeal appeal appeal-dismissal attorney-signature civil-procedure civil-procedure-defects defendant-identification due-process electronic-service motion-to-dismiss party-identification procedural-defect service-of-process standing
Latest Conference: 2019-06-06
Question Presented (from Petition)

Shall the Court of Appeal grant Defendants' Motion to Dismiss an Appeal if Defendants improperly served the Plaintiff with this Motion, and they mailed the Motion to Plaintiffs previous home postal address knowing that the Plaintiff is no longer living there, and the Plaintiff had no chance to receive this Motion in mail?

Shall the Court of Appeal grant Defendants' Motion to Dismiss an Appeal if Defendants frivolously electronically transmitted this Motion to Plaintiffs email address even though at that time the Plaintiff did not consent for Electronic Service?

Shal the Court of Appeal grant Defendants' Motion to Dismiss an Appeal if there was no signature of Defendants' Attorney on the Record on this Motion (Mr. Nicholas P. Seitz, Esq.), and there was a signature of another Attorney (Ms. Dorothy A. Chang, Esq.) who hadn't previously filed the "Substitution of Attorney" form?

Shall the Court of Appeal grant Defendants' Motion to Dismiss an Appeal if Defendants failed to identify the correct Defendant in their own Motion, and they wrote "Plaintiff Julie Su" instead of "Defendant the Department of Industrial Relations of the State of California"?

Shall the Court of Appeal grant Defendants' Motion to Dismiss an Appeal if the Plaintiff-Appellant already filed an "Abandonment of Appeal" form?

Question Presented (AI Summary)

Shall the Court of Appeal grant Defendants' Motion to Dismiss an Appeal if Defendants improperly served the Plaintiff with this Motion

Docket Entries

2019-06-10
Petition DENIED.
2019-05-22
DISTRIBUTED for Conference of 6/6/2019.
2019-03-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 9, 2019)

Attorneys

Tatyana E. Drevaleva
Tatyana E. Drevaleva — Petitioner