Sarah B. v. Evans CA4/2

BACKGROUND

On May 25, 2022, Sarah B. applied for a civil harassment restraining order against

Evans. In support of the application, Sarah attested to being harassed by Evans in various

ways over the preceding two years, including that he had twice “attempt[ed] arson,”

threatened her and her husband, and harassed her in public. She also stated that Evans

“recently came at me as I was leaving my home[.] [C]aught me by surprise—Assaulted

my truck tried to enter my vehicle tried to stop me, . . . .”

The court issued a temporary restraining order and scheduled a hearing on the

application in June 2022. Five days before the hearing, Evans filed a motion to deem

Sarah a vexatious litigant. Evans argued that Sarah qualified as a vexatious litigant

because she allegedly had unsuccessfully prosecuted seven cases in the preceding seven

years as a self-represented litigant. The motion was not accompanied by a declaration or

any exhibits, and it was not verified.

Both Sarah and Evans testified at the hearing. At the beginning of the hearing,

Sarah stated: “You’re probably aware that I’m not a vexatious litigant. I did not get

served that paper.” The court stated that it was not…