Wolfe

Wolfe v. Strankman

Caution
392 F.3d 358·2004 WL 2853235
United States Court of Appeals for the Ninth CircuitDecember 14, 2004No. 02-15720California3,703 words

Opinion

Lead Opinion

Fletcher, J.

Plaintiff-Appellant Burton Wolfe seeks a declaratory judgment that California’s Vexatious Litigant Statute, Cal.Civ.Proc. Code §§ 391-391.7, is unconstitutional. He also seeks injunctive relief barring enforcement of the statute. The named defendants in this case are the State of California; California’s Judicial Council; California Supreme Court Chief Justice Ronald M. George, who is Chair of the Judicial Council; Justice Gary E. Strank-man, Presiding Justice of the First Appellate District of the California Court of Appeal; Superior Court Law and Motions Judges David A. Garcia and Ronald E. Quidachay; Judge Alfred Chiantelli, Presiding Judge of the San Francisco Superior Court; and Ms. Deborah Silva, a court services analyst employed by the Judicial Council. 1 The district court dismissed the suit for want of subject matter jurisdiction under the Rooker-Feld-man doctrine.

We hold that Rooker-Feldman does not deprive the district court of subject matter jurisdiction. Nevertheless, we affirm the district court’s dismissal of the State of California and the Judicial Council because neither is a proper party to an action brought pursuant to 42 U.S.C. § 1983 . We also…

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