No. 23-946

Henry Eugene Gossage v. Reality Homes, Inc., et al.

Lower Court: Washington
Docketed: 2024-02-29
Status: Denied
Type: Paid
Response Waived
Tags: arbitration arbitration-review civil-rights constitutional-rights due-process equal-protection judicial-appeal judicial-review standing trial-de-novo
Key Terms:
Arbitration DueProcess
Latest Conference: 2024-04-26
Question Presented (AI Summary)

Whether the right to judicial appeal from an arbitrator decision is denied

Question Presented (OCR Extract)

QUESTIONS PRESENTED The Washington State Court of Appeals Division IT and State Supreme Court has created an unworkable legal standard to Deny the prevailing unrepresented litigant the right to judicial appeal for a new civil Trial de Novo from the arbitrator decision/award. Washington State Supreme Court prior decisions support the right to judicial review, appeal, or trial de nova after an arbitrator decision/award. Discriminatory, Unconscionable, Implicit, or subtle bias in Constitutional Due Process and Equal Protection of the Law is implicated when a party “makes prima facie showing” Pierce County and Court of Appeals Division IT decision are in direct conflict with Washington State Supreme Court and Court of Appeals Division I, requiring an evidentiary hearing. The questions presented are: 1. Whether the Pierce County Superior Court decision to strike the right to “Request for Trial de Novo” or judicial review or appeal from the December 8, 2021, arbitration decision/award is in error, violating Petitioner 14th Amendment due process and equal protection clause under Washington Law? 2. Whether Pierce County Superior Court and Washington Court of Appeals Division II denied Henry Gossage’s “Request for Trial de Novo’, directly conflicts with Optimer Intern., Inc. v. Rp Bellevue, LLC, 170 Wash.2d 768 (2011), “the right judicial | review cannot be forfeited or waived by lease or contract”. 3. Whether Washington Court of Appeals Division II and State Supreme Court violates U.S. Constitution 14th Amendment due process and equal protection clause by denying Petitioner the right to judicial appeal from an arbitrator decision and reconsideration of that right, that are in direct conflict with that Courts prior precedence? it}

Docket Entries

2024-04-29
Petition DENIED.
2024-04-10
DISTRIBUTED for Conference of 4/26/2024.
2024-03-21
Waiver of right of respondent Reality Homes, Inc., et al. to respond filed.
2024-01-11
Application (23A629) granted by Justice Kagan extending the time to file until November 4, 2023.
2023-10-07
Petition for a writ of certiorari filed. (Response due April 1, 2024)
2023-08-15
Application (23A629) to extend the time to file a petition for a writ of certiorari from September 5, 2023 to November 4, 2023, submitted to Justice Kagan.

Attorneys

Henry Gossage
Henry E. Gossage — Petitioner
Henry E. Gossage — Petitioner
Reality Homes, Inc., et al.
L. Clay SelbySelby Morgan & Born, PLLC, Respondent
L. Clay SelbySelby Morgan & Born, PLLC, Respondent