Legal Question in Constitutional Law in California

I think my right to petition the government as well as due process protections have been violated. The California Supreme Court is returning my original jurisdiction petition unfiled based on the content of the lawsuit.

1) Can I sue the California Supreme Court to require that the court clerks file my lawsuit before the court officially decides on its disposition on the case?

2) Can I file the suit in the federal district court where I live, Los Angeles, or do I have to file it where the California Supreme Court is, San Francisco?

3) I plan on filing the suit against the California Supreme Court, the Clerk of the Supreme Court and the Supervising Deputy Clerk (whose signature is on the letters sent to me) in their official capacities. Is it sufficient if I have an adult mail the lawsuit to the defendants (including the copy to the state's attorney general), or does it have to be served upon them in person?

More relevant information is on the Web site [ http://ProtectInitiatives.com/ ].


Asked on 12/31/13, 2:11 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

You cannot successfully sue the California Supreme Court or its personnel for rejecting your papers. That's true regardless of where you try to file your new lawsuit.

Also, the clerk probably acted correctly. I can't be sure about this without knowing more about what your papers said and about the grounds for the clerk's decision.

Read more
Answered on 12/31/13, 2:36 pm


Related Questions & Answers

More Constitutional Law questions and answers in California