No. 22-6703

Earnest A. Davis v. Government Employees Insurance Company, et al.

Lower Court: California
Docketed: 2023-02-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: ada-accommodation case-dismissal civil-proceedings court-procedure criminal-reporting due-process equal-protection judicial-ethics racial-bias
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2023-03-31
Question Presented (AI Summary)

Are judges required to report evidence of crimes?

Question Presented (OCR Extract)

Questions Presented 1) Are judges in a trial court and justices in an appeals court and state supreme court in civil proceedings required to report direct evidence of crimes to the appropriate authorities for potential criminal prosecution based upon a code of ethics /cannons or can they turn a blind eye and ignore such evidence? {Context: Evidence of civil torts are 2'single page documents: an email sent to the Appellant by Walters on 11/6/2014 and a single page Porsche technical document which are the corner stone documents of this lawsuit which is discussed in detail in the appellant’s opening brief and reply brief, but simply ignored by judges and opposing counsel and not even mentioned in the Opinion.] 2) Does liberal leave to amend complaints, supported by caselaw apply to Black litigants as well as White litigants, or Whites only? [Context: This lawsuit was dismissed on the bases stated by the Honorable Judge Chad W, Firetag: “...the Court recognizes that case-law supports granting liberal leave to amend. The Court is also mindful that Plaintiff has recently substituted in counsel on March 25, 2019”. The appellant is a Black person as was NOT granted “liberal leave to amend” There is an explicit bias expressed by this judge in this statement (above) as understands case law supports liberal leave to amend but refuses to allow leave to amend for this Black litigant. This White judge dismisses GEICO from the case during a hearing where an attorney had substituted in on behalf of the Plaintiff/ Appellant to draft a THIRD AMENDED COMPLAINT. GEICO never had to answer the Third amended complaint. : The Appellant scheduled a hearing for reconsideration on 10/31/2019 to be heard Cs , “Ne : . concurrently with the hearing on the demurrer involving the last 2 defendants of this case. A day before the scheduled during the Appellant received an email (on 10/30/2019) from i opposing counsel stating that the hearing for GEICO reconsideration as taken off of calendar. This judge then took Appellant’s hearing out of turn and heard the matter involving the last 2 defendants as the FIRST hearing of the morning while the Appellant was NOT present in the courtroom. When the Appellant entered the court room at 8:32 am to 8:33 am on 10/31/2019, the bailiff told him his case was over, as the last 2 defendants (Mr. Castillon and Walters) had been dismissed . Moreover, the Appellant as 2 to 3 minutes late for the 10/31/2019 8:30 am because he was across the hall, desperately trying to convince the clerk to place GEICO back on calendar with the . understanding that 10/31/2019 would be the last opportunity for a hearing. The Appellant took a photo of the docket before he existed the courtroom such that he has a time stamp on the phone showing that the hearing was listed as the THIRD case to be heard, which ‘ means the judge took his scheduled case OUT OF TURN, as the FIRST case of the day to ; be heard, purposely, to dismiss the case without hearing oral arguments from Appellant. Moreover, the Appellant has an ADA disability accommodation due to a speech impediment, such that the judge deliberating took the hearing out of turn to NOT accommodate his ADA disability. Moreover, a Black judge, who was initially assigned the case, GRANTED the Appellant leave to amend in a joinder action to add GEICO as a defendant, before the case was transferred to the White judge who quickly dismissed . GEICO from the case with the Appellant’s newly subbed in Attorney present.] : 0 " rd

Docket Entries

2023-05-31
Case considered closed.
2023-04-03
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until April 24, 2023, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
2023-03-16
DISTRIBUTED for Conference of 3/31/2023.
2023-03-02
Waiver of right of respondent Walter's Auto Sales to respond filed.
2023-01-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 8, 2023)

Attorneys

Earnest A. Davis
Earnest A. Davis — Petitioner
Earnest A. Davis — Petitioner
Walter's Auto Sales
John Jerome SwensonScali Rasmussen, P.C., Respondent
John Jerome SwensonScali Rasmussen, P.C., Respondent