SAN FRANCISCO – An Alameda County man is seeking declaratory judgment from the court.
Charles Kinney filed a complaint on April 27 in the U.S. District Court for the Northern District of California against Judge Philip S. Gutierrez, Michele Clark, David Marcus, Eric Chomsky, and Does 1 to 10, seeking declaratory judgment.
The suit states that Marcus and Chomsky were Clark's attorneys and that Clark is a seller of a Los Angeles property that listed Kenny as an unsecured creditor in a 2010 bankruptcy case.
According to the complaint, the plaintiff alleges that Gutierrez remanded the plaintiff's three counter claims and third-party complaints back to state court in Los Angeles County, but nothing was stated or ruled upon in the remand orders. He is seeking a declaratory judgment to the rights, duties and obligations of these matters.
The plaintiff requests a trial by jury and seeks damages plus interest, permanent declaratory, injunctive relief and equitable relief, all legal fees and any other relief as this court deems just. He is representing himself.
U.S. District Court for the Northern District of California Case number 4:16-cv-02278-JCS