No. 21-1374

Floyd Chodosh, et al. v. John Saunders, et al.

Lower Court: Ninth Circuit
Docketed: 2022-04-22
Status: Denied
Type: Paid
Response Waived
Tags: 28-usc-455 civil-procedure disqualification due-process federal-jurisdiction fraud-on-the-court judicial-misconduct procedural-due-process rooker-feldman
Key Terms:
ERISA DueProcess FirstAmendment Privacy
Latest Conference: 2022-06-23
Question Presented (AI Summary)

Whether Petitioners' procedural due process rights were violated

Question Presented (OCR Extract)

QUESTIONS PRESENTED A disqualified state court judge called in from vacation and delayed a temporary restraining order, then “self-requalified” himself back on to the case to enable the fiduciary fraudulent below market sale of a senior oceanside mobilehome park. The California Judiciary and Attorney General allowed The District Court and Ninth Circuit held Rooker-Feldman barred jurisdiction because the “fraud on the court” exception excludes fraud by the court. Petitioners moved to disqualify the District Court Judge for personal and collegial ties with the state court judges allegedly involved in the fraud. The questions presented are: Whether Petitioners’ procedural due process rights were violated by deprivation of federal remedy for state judiciary wrongdoing on decision that Rooker-Feldman “fraud on the court” exception did not apply because the state court judges were part of the fraud. Whether Petitioners have a federal action where state court judges denied procedural due process by acting to assure no impartial court and obstructing Petitioners’ inquiry into judicial misconduct. Whether Petitioners were denied due process when their motion to disqualify a District Judge for personal and collegial ties with local state court judges was decided under District Court General Order that did not comply with disqualification statute, 28 U.S.C. §455.

Docket Entries

2022-06-27
Petition DENIED.
2022-06-07
DISTRIBUTED for Conference of 6/23/2022.
2022-05-18
Waiver of right of respondent Cary Wood to respond filed.
2022-04-20
Petition for a writ of certiorari filed. (Response due May 23, 2022)

Attorneys

Cary Wood
Jeffry Albin MillerLewis Brisbois Bisgaard & Smith, Respondent
Jeffry Albin MillerLewis Brisbois Bisgaard & Smith, Respondent
Floyd Chodosh, et al.
Patrick Joseph EvansLaw Office of Patrick J. Evans, Petitioner
Patrick Joseph EvansLaw Office of Patrick J. Evans, Petitioner