No. 20-6795

Alicia Marie Richards v. Ryal W. Richards

Lower Court: California
Docketed: 2021-01-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment civil-procedure due-process eviction ex-parte-eviction judicial-discretion property-rights sanctions
Key Terms:
AdministrativeLaw DueProcess FourthAmendment
Latest Conference: 2021-02-19
Question Presented (AI Summary)

Does the 'Compel Obedience Clause' in Civil Code of Procedure Section 128 allow ex parte eviction on the court's own motion?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW (Rule 14.1(a)) 1. Does the “Compel Obedience Clause” in Civil Code of Procedure Section 128 allow ex parte eviction on the court’s own motion? Would that order comply with the due process clause to the 14» Amendment to the Constitution? 2. Did the trial court violate Ms. Richards’ due process rights when it applied Civil Code of Procedure Section 128 and evicted her and her minor from their lawfully owned dwelling without affording her notice that it intended to do so, an opportunity to prepare a defense with counsel and an opportunity to be heard in violation of the due process clause to the 14t Amendment to the. Constitution depriving Petitioner and her minor child of a significant interest in property and the right to continued residence in their home? 3. Does Civil Code of Procedure 916(a) automatically stay an order for future unknown amount of money sanctions pending appeal or would that future unknown amount of sanctions order be subject to Civil Code of Procedure Section 917.1 requiring a bond? Would it be a violation of due process and 4 equal protection of the law under the 14 Amendment for the Court of Appeals not to reverse an order made without jurisdiction? : a ii ; My *,

Docket Entries

2021-02-22
Petition DENIED.
2021-01-28
DISTRIBUTED for Conference of 2/19/2021.
2021-01-14
Waiver of right of respondent Ryal W. Richards to respond filed.
2020-12-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 8, 2021)

Attorneys

Alicia Marie Richards
Alicia Marie Richards — Petitioner
Alicia Marie Richards — Petitioner
Ryal W. Richards
Kevin E. RobinsonLaw Offices of Kevin E. Robinson, Respondent
Kevin E. RobinsonLaw Offices of Kevin E. Robinson, Respondent