No. 21-804

Philippe Zogbe Zatta v. Steven Charles Eldred, et al.

Lower Court: Ninth Circuit
Docketed: 2021-11-30
Status: Denied
Type: Paid
Response Waived
Tags: child-support civil-rights constitutional-violation due-process fraud immunity parental-rights rooker-feldman-doctrine state-jurisdiction
Key Terms:
SocialSecurity DueProcess
Latest Conference: 2022-02-18
Question Presented (AI Summary)

Whether Petitioner can be prosecuted for not providing support to his child

Question Presented (OCR Extract)

QUESTIONS PRESENTED ; 1. Whether Petitioner, a Black father, raising : his daughter since birth in California and supporting : his child in Missouri at all times after separation or : divorce according to the preponderance of proofs or evidence, can be prosecuted, have judgments entered against him and his property seized by California : and Missouri child support services for “having not provided support to his child since birth”? 2. Whether judgments entered against Petitioner for “having not provided support to his daughter since birth” in spite of all proofs or evidence presented by Petitioner in court clearly establishing that Petitioner was raising his daughter since birth and supporting her at all times are valid and enforceable — judgments against Petitioner? 3. Whether judgments secured against Petitioner through frauds, child support frauds, frauds upon . the court, in the complete absence of all jurisdiction or in violation of due process are valid or enforceable ; judgments against Petitioner in California or Missouri? ; : 4. Whether 42 U.S.C. § 651 creates any exception(s) allowing child support services of California to seize Petitioner’s property by enforcing a nonexistent : child support order allegedly secured for Petitioner’s son born in 2002 in France now living with Petitioner : in California or by enforcing a nonexistent judgment ; of Alimony against Petitioner? 5. Whether the States of Missouri and California child support agencies or Superior Court of California can infringe on or interfere with Petitioner’s fundamental parental rights in spite of the preponderance ; of proofs or evidence clearly establishing that Petitioner ii was raising or carrying for his daughter or his son since birth? 6. Whether Superior Court of California County : of Orange can prosecute Petitioner for “having not provided support to his daughter since birth” and impose on him $831 to $892 monthly child support orders even though Petitioner presented in court proofs or evidence that Petitioner was raising his daughter since birth in California and that he was paying monthly child support between $1,000 to $1,600 ’ monthly to his child’s mother in Missouri? ‘ 7. Whether the Rooker-Feldman doctrine can be used to dismiss Petitioner’s lawsuit with several claims independent of the state child support action and with five private individuals all of them already in default including four private individuals not party to the state court action? 8. Whether state child support officials, state court . ; : clerks, state court commissioner or state judges still . ; enjoy immunity when they knowingly or willfully ; acted ultra vires beyond their official authorities or without probable cause, when they acted in violation : of their oath to the United States Constitution, when they knowingly engaged into fraud(s), frauds upon the . court, unconstitutional practices or when they knowingly acted in the complete absence of all jurisdiction to issue, maintain, protect or enforce void judgments . or nonexistent judgments against Petitioner?

Docket Entries

2022-02-22
Petition DENIED.
2022-01-12
DISTRIBUTED for Conference of 2/18/2022.
2021-12-28
Waiver of right of respondent David Kilgore, Jr., Director of the California Department of Child Support Services to respond filed.
2021-12-21
Waiver of right of respondent Steven Charles Eldred, Matthew Reichman, Russell Villasenor, and Keith McHorney to respond filed.
2021-09-27
Petition for a writ of certiorari filed. (Response due December 30, 2021)

Attorneys

David Kilgore, Jr., Director of the California Department of Child Support Services
Michael ByertsOffice of the California Attorney General, Respondent
Michael ByertsOffice of the California Attorney General, Respondent
Philippe Zogbe Zatta
Philippe Zogbe Zatta — Petitioner
Philippe Zogbe Zatta — Petitioner
Steven Charles Eldred, Matthew Reichman, Russell Villasenor, and Keith McHorney
Scott Alfred MartinKoeller, Nebeker, Carlson & Haluck, LLP, Respondent
Scott Alfred MartinKoeller, Nebeker, Carlson & Haluck, LLP, Respondent