Stolz

Stolz v. Bank of America National Trust & Savings Ass'n

Good Law
15 Cal. App. 4th 217·19 Cal. Rptr. 2d 19·1993 Cal. App. LEXIS 455·93 Daily Journal DAR 5293·93 Cal. Daily Op. Serv. 3106
Court of Appeal of CaliforniaApril 27, 1993C012927California2,742 words

Opinion

Opinion

Blease, J.

Edward Stolz II appeals from an order dismissing his action against Bank of America because he failed to furnish security as required by the vexatious litigant statutes (Code Civ. Proc., § 391 et seq.) He challenges the order (judgment of dismissal) on assorted grounds, none of which has merit.

In the published portion of the opinion we hold that principles of collateral estoppel preclude Stolz from relitigating the final determination in an unrelated case that six prior cases prosecuted or maintained by him in propria persona meet the definition of a vexatious litigant in section 391, subdivision (b)(1). We also hold that, for purposes of that provision, the “immediately preceding seven-year period” within which such cases must have been “commenced, prosecuted or maintained in propria persona” is measured from the date of filing the motion to declare the plaintiff a vexatious litigant. (§ 391.1.) In the unpublished portion of the opinion, we affirm the ruling of the trial court that Stolz has no reasonable probability of prevailing against Bank of America in this action.

We will affirm the order of dismissal.

Facts and Procedural Background

Edward Stolz does business…

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