No. 18-9669

Floyd M. Chodosh, et al. v. Palm Beach Park Association

Lower Court: California
Docketed: 2019-06-14
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: adr-employment appellate-procedure civil-procedure conflict-of-interest due-process judicial-bias judicial-ethics judicial-recusal recusal standing
Key Terms:
ERISA DueProcess Privacy JusticiabilityDoctri
Latest Conference: 2019-11-22 (distributed 2 times)
Question Presented (AI Summary)

Whether the California Court of Appeal, Fourth District, Div. 3 justices should have recused themselves from the appeal of a judgment against the petitioners, given that the petitioners had sued the ADR company where the justices routinely retired post-bench, as well as the co-founder of the ADR company who was also the first and founding Div. 3 Presiding Justice

Question Presented (from Petition)

QUESTION PRESENTED The Justices of the California Court of Appeal, Fourth District, Div. 3 refused to recuse themselves from the appeal of a judgment against Petitioners in which they lost their homes and were saddled with six figure obligations for supposed unpaid rent. The Judgment came about in a scenario where, during the litigation, Petitioners had sued the ADR company where Div. 3 Justices have routinely retired post bench to a lucrative employment as a “neutral.” Petitioners also sued the co-founder of the ADR company, who was also the first and founding Div. 3 Presiding Justice. In addition, based on alleged unlawful acts and rulings by the trial court judge and the appellate justices, Petitioners sued two (2) of the Div. 3 appellate justices who despite having been sued by Petitioners, and although the federal lawsuit was later dismissed without prejudice, entered and made rulings and wrote the Opinion in Petitioners’ appeal. (

Docket Entries

2019-11-25
Petition DENIED.
2019-11-07
DISTRIBUTED for Conference of 11/22/2019.
2019-10-28
Petitioners complied with order of October 7, 2019.
2019-10-07
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until October 28, 2019, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
2019-09-26
Reply of petitioners Floyd M. Chodosh, et al. filed. (Distributed)
2019-08-22
DISTRIBUTED for Conference of 10/1/2019.
2019-08-07
Brief of respondent Palm Beach Park Association in opposition filed.
2019-07-12
Motion to extend the time to file a response is granted and the time is extended to and including August 14, 2019.
2019-07-11
Motion to extend the time to file a response from July 15, 2019 to August 14, 2019, submitted to The Clerk.
2019-06-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 15, 2019)

Attorneys

Floyd M. Chodosh, et al.
Patrick Joseph EvansLaw Office of Patrick J. Evans, Petitioner
Patrick Joseph EvansLaw Office of Patrick J. Evans, Petitioner
Palm Beach Park Association
Jeffry Albin MillerLewis Brisbois Bisgaard & Smith, Respondent
Jeffry Albin MillerLewis Brisbois Bisgaard & Smith, Respondent