R.H.

Fresno County Department of Children & Family Services v. R.H.

Bad Law
170 Cal. App. 4th 678·2009 Cal. App. LEXIS 88·88 Cal. Rptr. 3d 650·45 A.L.R. 6th 823
Court of Appeal of CaliforniaJanuary 26, 2009No. F055047California10,757 words

Opinion

lead Opinion

Vartabedian, J.

*683 Opinion

R.H. is the father of a 14-year-old child who was adjudged a juvenile dependent (Welf. & Inst. Code, § 360, subd. (d)) in 2000 and has been in out-of-home placement care ever since. Over the years, R.H. in propria persona has filed numerous notices of appeal and writ petitions in this court relating to his son’s dependency. Of the decisions which are final, R.H. has not prevailed in a single appeal or writ proceeding. More specifically, in the preceding seven years and essentially since the child was placed in long-term foster care (Welf. & Inst. Code, § 366.26, subd. (b)), R.H. in propria persona has commenced at least 13 appeals or writ proceedings that have been finally determined adversely to him (Code Civ. Proc., § 391, subd. (b)(1)). 1

The untold hours this court has expended in response to R.H.’s voluminous as well as meritless appeals and writs, not to mention the costs of record preparation and court-appointed appellant counsel, has led us to conclude R.H. is a vexatious litigant within the meaning of section 391, subdivision (b)(1) and should be subject to a prefiling order (§ 391.7).

PROCEDURAL AND FACTUAL HISTORY

Dependency Court Proceedings

The…

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