Childs

Childs v. PAINE WEBBER INCORPORATED

Bad Law
1994 Cal. App. LEXIS 1096·29 Cal. App. 2d 982·29 Cal. App. 4th 982·35 Cal. Rptr. 2d 93·94 Daily Journal DAR 15215
Court of Appeal of CaliforniaOctober 27, 1994F018582California3,858 words

Opinion

Opinion

Martin, J.

Investor appeals from an order declaring her to be a vexatious litigant (Code Civ. Proc., § 391 et seq.) and awarding sanctions in favor of defendant brokers.

Statement of the Case

Procedural History of Case No. 217876:

On October 15, 1991, plaintiff filed a complaint for damages against defendant in Kern County Superior Court. Plaintiff alleged causes of action for breach of contract, breach of duty, breach of fiduciary duty, plus other causes of action, and prayed for $5 million in damages.

On November 21, 1991, defendant filed a demurrer (Code Civ. Proc., § 430.10, subds. (e), (f), (g)) to the complaint and prayed for dismissal with prejudice. On January 7, 1992, the court sustained the demurrer and granted plaintiff 20 days leave to amend.

On or about January 7, 1992, plaintiff moved for the transfer of her entire National Association of Securities Dealers (NASD) arbitration file (claim No. 91-00986) to the Kern County Superior Court.

On January 24, 1992, plaintiff filed an amended complaint, alleging defendant’s “Breach of a Corporate Obligation With the Public.” Defendant filed a demurrer to the amended complaint alleging, among other things, “[t]he instant…

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