No. 21-804

Philippe Zogbe Zatta v. Steven Charles Eldred, et al.

Lower Court: Ninth Circuit
Docketed: 2021-11-30
Status: Denied
Type: Paid
Response Waived
Tags: child-support civil-rights constitutional-violation due-process fraud immunity parental-rights rooker-feldman-doctrine state-jurisdiction
Latest Conference: 2022-02-18
Question Presented (from Petition)

1. Whether Petitioner, a Black father, raising
his daughter since birth in California and supporting
his child in Missouri at all times after separation or
divorce according to the preponderance of proofs or
evidence, can be prosecuted, have judgments entered
against him and his property seized by California
and Missouri child support services for "having not
provided support to his child since birth "?

2. Whether judgments entered against Petitioner
for "having not provided support to his daughter
since birth " in spite of all proofs or evidence presented
by Petitioner in court clearly establishing that
Petitioner was raising his daughter since birth and
supporting her at all times are valid and enforceable
judgments against Petitioner?

3. Whether judgments secured against Petitioner
through frauds, child support frauds, frauds upon
the court, in the complete absence of all jurisdiction
or in violation of due process are valid or enforceable
judgments against Petitioner in California or Missouri?

4. Whether 42 U.S.C. § 651 creates any excep
tion(s) allowing child support services of California to
seize Petitioner 's property by enforcing a nonexistent
child support order allegedly secured for Petitioner 's
son born in 2002 in France now living with Petitioner
in California or by enforcing a nonexistent judgment
of Alimony against Petitioner?

5. Whether the States of Missouri and California
child support agencies or Superior Court of California
can infringe on or interfere with Petitioner 's funda
mental parental rights in spite of the preponderance
of proofs or evidence clearly establishing that Petitioner
was raising or carrying for his daughter or his son
since birth?

6. Whether Superior Court of California County
of Orange can prosecute Petitioner for "having not
provided support to his daughter since birth " and
impose on him $831 to $892 monthly child support
orders even though Petitioner presented in court proofs
or evidence that Petitioner was raising his daughter
since birth in California and that he was paying
monthly child support between $1,000 to $1,600
monthly to his child 's mother in Missouri?

7. Whether the Rooker-Feldman doctrine can be
used to dismiss Petitioner 's lawsuit with several claims
independent of the state child support action and
with five private individuals all of them already in
default including four private individuals not party
to the state court action?

8. Whether state child support officials, state court
clerks, state court commissioner or state judges still
enjoy immunity when they knowingly or willfully
acted ultra vires beyond their official authorities or
without probable cause, when they acted in violation
of their oath to the United States Constitution, when
they knowingly engaged into fraud(s), frauds upon the
court, unconstitutional practices or when they know
ingly acted in the complete absence of all jurisdiction
to issue, maintain, protect or enforce void judgments
or nonexistent judgments against Petitioner?

Question Presented (AI Summary)

Whether Petitioner can be prosecuted for not providing support to his child

Docket Entries

2022-02-22
Petition DENIED.
2022-01-12
DISTRIBUTED for Conference of 2/18/2022.
2021-12-28
Waiver of right of respondent David Kilgore, Jr., Director of the California Department of Child Support Services to respond filed.
2021-12-21
Waiver of right of respondent Steven Charles Eldred, Matthew Reichman, Russell Villasenor, and Keith McHorney to respond filed.
2021-09-27
Petition for a writ of certiorari filed. (Response due December 30, 2021)

Attorneys

David Kilgore, Jr., Director of the California Department of Child Support Services
Michael ByertsOffice of the California Attorney General, Respondent
Philippe Zogbe Zatta
Philippe Zogbe Zatta — Petitioner
Steven Charles Eldred, Matthew Reichman, Russell Villasenor, and Keith McHorney
Scott Alfred MartinKoeller, Nebeker, Carlson & Haluck, LLP, Respondent