No. 22-752

Bi Rite Auto Transport, Inc., et al. v. Russell Dilday, et al.

Lower Court: California
Docketed: 2023-02-10
Status: Denied
Type: Paid
Tags: 14th-amendment appeal appellate-review civil-procedure constitutional-rights due-process fourteenth-amendment procedural-due-process standing state-court-rules state-law
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2023-04-28
Question Presented (AI Summary)

Is California's procedural due process satisfactory?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Is California’s scheme of procedural due process in its Code of Civil Procedure and Civil Rules of Court satisfactory of constitutionally protected due process rights secured by the XIV Amendment? 2. Does the XIV Amendment require, as a minimum, that California courts adhere to State procedural requirements for disposition of civil cases? 3. Where the right to appeal a civil judgment is granted by a state court’s settled procedure, does federal due process prohibit denying a litigant that right on grounds not authorized by the state statute? 4. Is it a violation of federal due process requirements for a state appeal court to deny substantial consideration of the appeal when it is presented in accordance with the rules and laws of the forum state?

Docket Entries

2023-05-01
Petition DENIED.
2023-04-12
DISTRIBUTED for Conference of 4/28/2023.
2023-03-23
2023-03-13
Motion to extend the time to file a response from March 13, 2023 to March 23, 2023, submitted to The Clerk.
2023-03-13
Motion to extend the time to file a response is granted and the time is extended to and including March 23, 2023.
2022-07-19

Attorneys

Bi Rite Auto Transport, et al.
Zishan LokhandwalaRomaine Lokhandwala Law Group. LLP., Petitioner
Zishan LokhandwalaRomaine Lokhandwala Law Group. LLP., Petitioner
Russell Dilday, et al.
Catherine Elizabeth BennettKlein, DeNatale, Goldner, LLP, Respondent
Catherine Elizabeth BennettKlein, DeNatale, Goldner, LLP, Respondent