Andersen

Andersen v. Cate CA6

Good Law
Court of Appeal of CaliforniaNovember 17, 2014H035912California769 words

Opinion

Opinion

DISCUSSION

Appellant challenges the court’s order declaring him a vexatious litigant. “We review the trial court’s ruling that plaintiff is a vexatious litigant for substantial evidence. (Bravo v. Ismaj (2002) 99 Cal.App.4th 211, 219 (Bravo).) Because the trial court is best situated to receive evidence and hold hearings on the question of whether a litigant is vexatious, on appeal, we are required to presume the order declaring a litigant vexatious is correct and to imply findings necessary to support that designation.” (Morton v. Wagner (2007) 156 Cal.App.4th 963, 969 (Morton).) A vexatious litigant is one who while acting in propria persona “repeatedly files unmeritorious motions, pleadings, or other papers, conducts unnecessary discovery, or engages in other tactics that are frivolous or solely intended to cause unnecessary delay.” (§ 391, subd. (b)(3).) Here, there is no question that appellant falls within the definition of a vexatious litigant under section 391, subdivision (b)(3). Specifically, appellant filed numerous

3 unmeritorious motions in his unsuccessful attempt to obtain a preliminary injunction against defendants for return of his property. Not only did…

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