Michael Mogan v. Jeff Henry, et al.
Arbitration DueProcess FourthAmendment
Whether a California court can impose sanctions against an attorney without violating due-process
QUESTIONS PRESENTED : 1. Whether a California Court is permitted to impose sanctions against an attorney without violating his rights to Due Process under the 5+ and 14th Amendments of the United States Constitution where the sanctions motion nor trial court order . describe the specific conduct the Appellate Court stated warranted sanctions. 2. When a drafting party of an agreement to arbitrate is in default, do the intentions of the arbitration provider and considerations of expediency in the dispute resolution process control instead of the written terms of an agreement executed by the parties. 3. Whether the definition of a prevailing party in : the statutory language of California Code Of Civil Procedure section 128.7 is unconstitutionally vague under the 5th and 14th Amendments of the United : States Constitution as applied to Petitioner.