Rozanova

Rozanova v. Uribe

Good Law
Court of Appeal of CaliforniaAugust 30, 2021H047985California4,905 words

Opinion

Opinion

Danner, J.

I. FACTS AND PROCEDURAL BACKGROUND

This action arises out of an ongoing property dispute among neighbors. Rozanova, who is self-represented, filed suit against her neighbors Rafael Uribe and Rosa Curayag (together, respondents) in April 2019. Rozanova had previously asserted claims against Uribe involving the same property in an action filed in 2013. A panel of this court upheld the trial court’s determination in favor of Uribe in an unpublished opinion filed in 2018. (Rozanova et al. v. Uribe [Oct. 16, 2018, H044161] [nonpub. opn.].) Shortly after the filing of the April 2019 lawsuit, respondents moved to have Rozanova declared a vexatious litigant and to require her to post bond or dismiss the action against them. The trial court denied the motion without prejudice. Respondents thereafter filed dispositive motions on the operative pleadings. Uribe, who had filed an answer, moved for judgment on the pleadings, and Curayag demurred to the first amended complaint. After a hearing, the trial court granted the motion for judgment on the pleadings and sustained the demurrer without leave to amend, finding the action was “barred by res judicata/collateral estoppel and the statute of…

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