Singh

Singh v. LIPWORTH

Good Law
132 Cal. App. 4th 40·2005 Cal. App. LEXIS 1335·2005 Daily Journal DAR 10315·33 Cal. Rptr. 3d 178·2005 Cal. Daily Op. Serv. 7614
Court of Appeal of CaliforniaAugust 23, 2005C044535California2,246 words

Opinion

Opinion

Davis, J.

Plaintiff Raj Singh appeals from an order dismissing his action against defendants Stephen Lipworth, Southgate Professional Condominium Owners Association, Southgate Professional Center, and Allied Trustee Services, Inc. (defendants) after he was declared a vexatious litigant and failed to post the required security. (Code Civ. Proc., §§ 391, 391.4.) He contends that the order requiring him to post security to cover defendants’ potential attorney fees was in error because there is no contractual or statutory provision authorizing defendants to recover attorney fees from him. As we explain, the vexatious litigant statute itself authorizes an award of attorney fees against an unsuccessful vexatious litigant. (§§ 391-391.7.) Consequently we affirm the order of dismissal.

Facts and Proceedings

Plaintiff filed a complaint against defendants alleging causes of action for fraud and breach of fiduciary duty. Several defendants moved to declare plaintiff a vexatious litigant and for an order requiring him to post security. The court granted the motion and ordered plaintiff to post $12,000 in security based on the amount of attorney fees already incurred by defendants. When…

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