Statutory Pre-Filing Requirements Do Not Apply to Vexatious Defendants’ Appeals

Adam HofmannPosted by on May 22, 2017 in Appellate Practice

Eventually, it happens to us all.  Somehow or other, we end up in court facing a vexatious litigant—a person who, acting in pro per, repeatedly pursues meritless law suits or frivolous pleadings, motions, and discovery.  Ordinarily, this happens when a vexatious litigant sues, and we attorneys spend incredible (if unavoidable) amounts of time and money trying to extricate our clients from the fray.

California’s statutes, however, exist to reduce this risk to the unwary public, creating procedural obstacles to the filing of meritless litigation by individuals found to be vexatious litigants.  (See Code Civ. Proc., §§ 391-391.7.)  Once a person has been declared a vexatious litigant, he or she cannot file a new lawsuit in pro per in a California court without getting prior approval from the presiding judge or justice.  (See Shalant v. Girardi (2011) 51 Cal.4th 1164, 1169-1170.)  The same pre-filing requirements apply when a vexatious litigant attempts to appeal in pro per from an adverse judgment in a case in which he or she was the plaintiff.  (See Mahdavi v. Superior Court (2008) 166 Cal.App.4th 32, 41.)

Read More

A Jurisdictional Trap for the Unwary or: What to Do with a Partial Dismissal

Adam HofmannPosted by on Apr 20, 2017 in Appellate Practice

In federal court, partial dismissals present plaintiffs with a difficult choice.  They can seek an immediate appeal or continue litigating their live claims.  But they cannot do both, though they are often motivated to do so.  And defendants should be prepared to hold plaintiffs to that choice—as the Ninth Circuit indicated it was willing to do in comments during a recent oral argument.

Read More