No. 21-59

Carl Gordon v. Regents of the University of California, et al.

Lower Court: California
Docketed: 2021-07-15
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: administrative-procedure-act administrative-record california-public-records-act california-state-law daca due-process equal-protection fourteenth-amendment fraud-upon-the-court preemption
Key Terms:
DueProcess Privacy
Latest Conference: 2021-11-19 (distributed 2 times)
Question Presented (AI Summary)

Does the de facto nullification of California state law [Cal. Gov. Code §§ 6258 and 6259] (resulting in fraud upon the court) by the Regents of the University of California preempt their violation of the due process and equal protection clause of the Fourteenth Amendments to the U.S. Constitution in the present case?

Question Presented (OCR Extract)

QUESTION PRESENTED After twice being ordered to and agreeing to do so, the Regents of the University of California (UC Regents) caused intrinsic and extrinsic fraud upon the court by refusing to provide the trial court with the entire (in fact, with any) statutorily mandated administrative record (AR) in Gordon v. Regents of the University of California et al. while contemporaneously arguing and prevailing in this Court,591 U.S.___ (2020) on June 18, 2020, on the illegality of the Trump administration’s Department of Homeland Security : (DHS) order to rescind the Deferred Action for Childhood Arrivals (DACA) program in Regents of the Univ. of California v. Dept. of Homeland Security, No. 3:17-cv-05211-WHA Document 1 Filed 09/08/17 and for failing to provide the complete AR for the Court’s review of DHS’s decision to rescind DACA, resulting in the violation of the procedural and substantive requirements of the Administrative Procedure Act as well as the due process and equal protection clauses of the Fifth and Fourteenth Amendments to the United States Constitution. The question presented is: Does the de facto nullification of California state law [Cal. Gov. Code §§ 6258 and 6259] (resulting in fraud upon the court) by the Regents of the University of California preempt their violation of the due process and equal protection clause of the Fourteenth Amendments to the U.S. Constitution in the present case? ii STATEMENT OF RELATED CASES Carl Gordon v. Regents of the University of California, et al., No. [8266206], The Supreme Court of California. Order entered February 10, 2021. Carl Gordon v. Regents of the University of California, et al., No. B3801623, California Second District Court of Appeal, Division Five Appellant’s motion to vacate and set aside dismissal order issued November 10, 2020, denied, and entered December 4, 2020. Carl Gordon v. Regents of the University of California, et al., No. B3801623, California Second District Court of Appeal, Division Five Dismissal order filed. Respondent’s motion to dismiss the appeal granted. Court decline appellant’s request to treat the appeal as a petition for writ relief. Ordered and filed November 10, 2020. Carl Gordon, as an Individual, Petitioner v. Regents of the University of California, No. BS165809, The Superior Court of the State of California for the County of Los Angeles, Central District. Verified Petition for Writ of Mandate to Compel Compliance Order — Order Denying In Part And Granting In Part Petition For Writ of Mandate Order entered September 4, 2019. Carl Gordon v. Regents of the University of California, et al., No. BS165809, The Superior Court of the State of California for the County of Los Angeles, Central District. Motion for Reconsideration denied February 26, 2020. iii STATEMENT OF RELATED CASES Continued Carl Gordon v. Regents of the University of California, et al., No. BS165809, The Superior Court of the State of California for the County of Los Angeles, Central District. NATURE OF PROCEEDINGS Trial Setting Conference will be reset approximately 120 days from the date of the filing of the dismissal of the appeal. Minute Order motion granted January 11, 2019 Carl Gordon v. Regents of the University of California, et al., No. BS165809, The Superior Court of the State of California for the County of Los Angeles, Central District. NATURE OF PROCEEDINGS: Order to Show Cause Re: Surrender of Client File. Attorneys Felton Newell and Kelly Aviles Minute Order OSC November 21, 2018 Carl Gordon v. Regents of the University of California, et al., No. BS165809, The Superior Court of the State of California for the County of Los Angeles, Central District. Nature Of Proceedings: Petitioner Motion To Be Relieved As Counsel granted. [The Court ordered the Regents of the University of California to lodge the Administrative record fifteen days prior to the hearing.] Minute Order granted September 5, 2018. . Carl Gordon v. Regents of the University of California, et al

Docket Entries

2021-11-22
Rehearing DENIED.
2021-11-02
DISTRIBUTED for Conference of 11/19/2021.
2021-10-27
2021-10-04
Petition DENIED.
2021-08-25
DISTRIBUTED for Conference of 9/27/2021.
2021-08-17
Waiver of right of respondent Regents of Univ. of CA, et al. to respond filed.
2021-07-01
Petition for a writ of certiorari filed. (Response due August 16, 2021)

Attorneys

Carl Gordon
Carl Gordon — Petitioner
Carl Gordon — Petitioner
Regents of Univ. of CA, et al.
Raymond A. CardozoReed Smith, LLP, Respondent
Raymond A. CardozoReed Smith, LLP, Respondent