No. 19-7829

Dale E. Phillips v. South Coast Plaza, et al.

Lower Court: Ninth Circuit
Docketed: 2020-03-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights civil-rights-discrimination class-action constitutional-rights diversity-jurisdiction due-process equal-protection in-forma-pauperis jurisdiction pro-se-litigation standing state-actor vexatious-litigant
Key Terms:
DueProcess FourthAmendment FirstAmendment Punishment Jurisdiction ClassAction
Latest Conference: 2020-05-01
Question Presented (AI Summary)

Whether California's Vexatious Litigant Laws violate the 1st, 8th and 14th Amendments

Question Presented (from Petition)

QUESTIONS PRESENTED FOR REVIEW 1. Whether California’s Vexatious Litigant Laws , (CCP § 391(b)) violate the 1st, 8th and 14th Amendments of the US Constitution, particularly when a government agency is the movant, resulting in the court ordering a homeless plaintiff in forma pauperis to deposit a bond he could not afford, , dismissing the case. 2. Whether homeless petitioners’ homelessness (economic condition) are protected by antidiscriminatory provisions of California’s Unruh Civil Rights Act and 42 USC § 1983 particularly when invoking the US Constitution’s 14th Amendment equal protection clause. 3. Whether Pro Se petitioners have the right to seek ; class action status. 4. Whether the US District court erred when it remanded the case back to state court when one of the defendants is New York State domiciled Rolex Watch USA, Inc., in violation of 28 USC § 1332 . which provides the court diversity jurisdiction. 2 3 5. Whether the US District court erred when it ; remanded the case back to state court when PETITIONER competently alleged that defendants acted as “State Actors” in the meaning of 42 USC § 1983, providing the district court original jurisdiction. PARTIES INVOLVED The parties involved in this petition are: PETITIONERS Dale E. Phillips Robert Lacambra RESPONDENTS South Coast Plaza Rolex Watch USA, Inc. , County of Orange California Superior Court California Appellate Court , 3

Docket Entries

2020-05-04
Petition DENIED.
2020-04-16
DISTRIBUTED for Conference of 5/1/2020.
2020-03-16
Waiver of right of respondent South Coast Plaza to respond filed.
2020-02-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 2, 2020)

Attorneys

Dale E. Phillips
Dale E. Phillips — Petitioner
Dale E. Phillips — Petitioner
South Coast Plaza
Mhare O. MourandianFox Rothschild, LLP, Respondent
Mhare O. MourandianFox Rothschild, LLP, Respondent