No. 25-610

Hansueli Overturf v. Court of Appeal of California, Second Appellate District

Lower Court: California
Docketed: 2025-11-25
Status: Denied
Type: Paid
Tags: civil-procedure default-judgment due-process fourteenth-amendment hague-service-convention service-of-process
Latest Conference: 2026-01-23
Question Presented (from Petition)

1. Whether entry of default based on defective service of process, which failed to provide defendant with actual notice of the action, violates the Fourteenth Amendment's guarantee of notice and an opportunity to be heard?

2. Whether the Superior Court's denial of equitable relief from a default judgment, where the defendant lacked proper notice and opportunity to present his objections, violates the Fourteenth Amendment?

3. Whether the Court of Appeal's refusal to reinstate an appeal, in light of alleged due process violations in the underlying judgment, violates the Fourteenth Amendment's guarantee of a meaningful opportunity to be heard?

Question Presented (AI Summary)

Whether entry of default based on defective service of process violates the Fourteenth Amendment's guarantee of notice and an opportunity to be heard?

Docket Entries

2026-01-26
Petition DENIED.
2026-01-07
DISTRIBUTED for Conference of 1/23/2026.
2025-09-09
Petition for a writ of certiorari filed. (Response due December 26, 2025)

Attorneys

Hansueli Overturf
John Mark PierceJohn Pierce Law P.C., Petitioner