No. 19-692

Sunil Deo v. California

Lower Court: California
Docketed: 2019-12-02
Status: Denied
Type: Paid
Amici (2)
Tags: 14th-amendment 5th-amendment civil-procedure constitutional-law due-process federal-law fifth-amendment penal-code property-rights state-law takings takings-clause
Key Terms:
AdministrativeLaw DueProcess Takings FifthAmendment
Latest Conference: 2020-02-21
Question Presented (AI Summary)

Does California's application of Penal Code section 115 to deprive lienholders of their property constitute an uncompensated taking in violation of the Fifth and Fourteenth Amendments?

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Does California’s application of Penal Code section 115 to deprive lienholders of their property, which conflicts with U.S. Supreme Court precedent holding that similar statutes which extinguish and destroy the value of liens are unconstitutional, constitute an uncompensated taking in violation of the Fifth and Fourteenth Amendments to the U.S. Constitution? 2. Does California’s application of Penal Code section 115 to void deeds of trust without affording a meaningful hearing that considers an innocent lender’s bona fide encumbrancer status, and which conflicts with U.S. Supreme Court precedent and the laws of other states, constitute a violation of due process under the Fifth and Fourteenth Amendments to the U.S. Constitution?

Docket Entries

2020-02-24
Motion for leave to file amicus brief filed by California Land Title Association GRANTED.
2020-02-24
Petition DENIED.
2020-01-15
DISTRIBUTED for Conference of 2/21/2020.
2019-12-26
Motion for leave to file amicus brief filed by California Land Title Association.
2019-11-25
Petition for a writ of certiorari filed. (Response due January 2, 2020)

Attorneys

California Land Title Association
Charles A. HansenWendel Rosen, Amicus
Charles A. HansenWendel Rosen, Amicus
Sunil Deo
Ryan Christopher SquireGarrett & Tully, P.C., Petitioner
Ryan Christopher SquireGarrett & Tully, P.C., Petitioner