In re Kinney

Good Law
135 Cal. Rptr. 3d 471·201 Cal. App. 4th 951·2011 Cal. App. LEXIS 1538·11 Cal. Daily Op. Serv. 14
Court of Appeal of CaliforniaDecember 8, 2011No. B225643California3,708 words

Opinion

Lead Opinion

Boren, J.

This unusual case involves Charles G. Kinney, a lawyer who was declared a vexatious litigant in 2008 in Los Angeles Superior Court. (Code Civ. Proc., § 391 et seq.) 1 Despite his status as a vexatious litigant, Kinney has pursued a persistent and obsessive campaign of litigation terror against his neighbors and the City of Los Angeles (City). Kinney has evaded the effect of the 2008 prefiling order by enlisting a cohort, Kimberly Jean Kempton, to stand in his stead as plaintiff and appellant, because Kinney can no longer represent himself in litigation without prior court approval. (§ 391.7.)

With Kinney at the helm, Kempton has pursued six lawsuits in Los Angeles Superior Court over the last five years. All of the lawsuits relate to real property owned by Kinney and Kempton (the K’s), located on Femwood Avenue in the Silver Lake neighborhood of Los Angeles (the Femwood property). The K’s have continually—and resoundingly—lost their cases in the trial courts. As one trial judge aptly wrote in a statement of decision, Kinney is “a relentless bully” who displays “terrifying arrogance” by filing “baseless litigation against the City and its citizens.”

After losing in the…

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