No. 25-5628

Stephen Shapiro, et al. v. Harbor Freight Tools USA, Inc.

Lower Court: California
Docketed: 2025-09-12
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: access-to-courts civil-rights fourteenth-amendment incarcerated-litigants procedural-due-process self-represented-litigants
Key Terms:
DueProcess
Latest Conference: 2025-12-12 (distributed 2 times)
Question Presented (from Petition)

Due process principles are designed to ensure a party is afforded his or her right to be heard during adversarial proceedings: "As the rubric itself implies, "procedural due process " is simply "a guarantee of fair procedure. Duran v. U.S. Bank National Assn., 203 Cal^App.4th 212, 137 Cal. Rptr. 3d 391, 162 Lab. Cas. (CCH) 61226, 18 Wage & Hour Cas. 2d (BNA) 1368 (Cal. Ct, Add. 2012)

The general rule for self-represented litigants in California is only that their pleadings are to be liberally construed. Now that there are more and more self-represented litigants in this country, it does not make sense to have such wide ranging "rules " in the courts on how to treat these litigants.

Q. Do self-represented litigants receive their constitutional right of procedural due process?

As our colleagues noted in Hoversten v. Superior Court (1999) 74 Cal.App.4th 636, 640 [88 Cal. Rptr. 2d 197]: "Prison walls are a powerful restraint on a litigant wishing to appear in a civil proceeding. " Given this, all courts have an obligation to ensure those walls do not stand in the way of affording litigants with bona fide claims the opportunity to be heard. Apollo v. Gvaami, 167 Cal.ADD.4th 1468, 85 Cal. Rptr. 3d 127 (Cal. Ct, Add, 2008)

While many court rulings emphasize access to courts for incarcerated persons, these rulings primarily address civil rights while incarcerated, and the right to a fair trial. There is also a divide between the circuit courts regarding where or when the access to court ends. These rulings do not necessarily apply to the self-represented civil plaintiff in a civil appeal.

Q. Does the Fourteenth Amendment's right of access to the courts for incarcerated litigants apply to all litigants at all stages of litigation?

Question Presented (AI Summary)

Do self-represented litigants receive their constitutional right of procedural due process? Does the Fourteenth Amendment's right of access to the courts for incarcerated litigants apply to all litigants at all stages of litigation?

Docket Entries

2025-12-15
Rehearing DENIED.
2025-11-25
DISTRIBUTED for Conference of 12/12/2025.
2025-11-10
Petition for Rehearing filed.
2025-10-14
Petition DENIED.
2025-09-25
DISTRIBUTED for Conference of 10/10/2025.
2025-09-23
Waiver of Harbor Freight Tools USA, Inc. of right to respond submitted.
2025-09-23
Waiver of right of respondent Harbor Freight Tools USA, Inc. to respond filed.
2025-03-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 14, 2025)

Attorneys

Harbor Freight Tools USA, Inc.
Douglas Joseph CollodelClyde & Co US LLP, Respondent
Stephen Shapiro, et al.
Stephen Shapiro — Petitioner