No. 19-6574

Marco Gonzalez v. Panda Restaurant Group, Inc.

Lower Court: California
Docketed: 2019-11-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-procedure civil-rights conflicting-rulings constitutional-rights due-process fifth-amendment fourteenth-amendment legal-procedure res-judicata standing vexatious-litigant
Key Terms:
DueProcess FourthAmendment FifthAmendment
Latest Conference: 2020-01-10
Question Presented (AI Summary)

Why doesn't there exist Vexatious Litigant laws or procedure that addresses Multiplicity of California's §391 Motion with Conflicting Rulings based on the exact same evidence?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1) Why doesn’t there exist Vexatious Litigant laws or procedure that addresses Multiplicity of California’s §391 Motion with Conflicting Rulings based on the exact same evidence? (Or Multiplicity of the §391 Motion, Period?) 2) Do the Merits of a case take precedence or does California’s Vexatious Litigant Laws whereby a Plaintiff must present “sufficient evidence of a material change in the facts upon which the order was granted” in order to vacate the prefiling order and remove Plaintiff's name from the States Vexatious Litigant list? 3) Do Vexatious Litigant laws violate the 5" & 14" Amendments of the United States Constitution? (It did in my case!). (Double Jeopardy). 4) Should not there exist different “categories” of vexatious litigant code or procedure, one belonging to family and probate cases and another belonging to civil and/or criminal matters? (ex. 2? Degree Murder) 5) When Multiplicity of Vexatious Litigant Motions are in effect, and conflicting rulings arose based on the exact same evidence, which ruling should take precedence, the denial or the granted motion? (Res Judicata didn’t apply in my case because the tentative denial was heard first). 6) Should a litigant, falsely and intentionally convicted of being a Vexatious Litigant be compensated for the Indisputable and Reprehensible harm inflicted upon him? 7) Should attorneys or party(s) that filed false Vexatious Litigant Motions in order to harm a Plaintiff be reprimanded, fined or subjected to disciplinary action? 8) Do Vexatious Litigant convictions in civil matters, excluding Family Court, target Protected Classes (race, ethnicity, 40+, poverty) at a higher rate? 9) Did you know any Vexatious Litigant would be prevented from filing Bankruptcy in Pro Se? (a Federal proceeding). I :

Docket Entries

2020-01-13
Petition DENIED.
2019-12-12
DISTRIBUTED for Conference of 1/10/2020.
2019-11-27
Waiver of right of respondent Panda Restaurant Group, Inc. to respond filed.
2019-10-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 12, 2019)
2019-09-17
Application (19A299) granted by Justice Kagan extending the time to file until November 9, 2019.
2019-08-23
Application (19A299) to extend the time to file a petition for a writ of certiorari from September 10, 2019 to November 9, 2019, submitted to Justice Kagan.

Attorneys

Marco Gonzalez
Marco Gonzalez — Petitioner
Marco Gonzalez — Petitioner
Panda Restaurant Group, Inc.
Brett S. MarksonMarkson Pico, LLP, Respondent
Brett S. MarksonMarkson Pico, LLP, Respondent