Williams v. Safire CA1/5

BACKGROUND

This appeal arises from an action for professional negligence appellant filed against respondents in April 2005. In June 2005, the case was ordered to arbitration. There is no final judgment in the case. On May 25, 2011, respondents filed a motion in the superior court, seeking to prohibit appellant from filing new litigation in propria persona without obtaining leave of

All undesignated section references are to the Code of Civil Procedure.

1 court, contending he is a vexatious litigant. (§§ 391, subd. (b), 391.7.) Appellant did not file an opposition to the motion; instead, on June 9, he filed a motion in propria persona seeking a separate trial on the special defense of res judicata. The same day, he sent respondents’ counsel a letter stating he would file a motion for section 128.7 sanctions against respondents and/or move to strike their vexatious litigant motion unless, within 21 days of service, respondents withdrew the motion. On June 15, 2011, acting in propria persona, appellant filed the subject motion for sanctions, contending: (1) the vexatious litigant motion was not warranted by existing law, lacked evidentiary support, and was filed to delay the…