Judge: Douglas W. Stern, Case: 21STCV47548, Date: 2023-04-21 Tentative Ruling

Case Number: 21STCV47548    Hearing Date: April 21, 2023    Dept: 68

­­­­­­MOVING PARTY’S POSITION

            This motion appears to ask the Court to reverse (or reconsider) the prior determinations made by a number of other judges that Plaintiff is a vexatious litigant.  He also seeks to obtain the reversal (or reconsideration) of the dismissal of his case.

This is the third lawsuit related to similar events filed by Plaintiff Gregory Wong in pro per. These lawsuits have all been related to the death of Plaintiff’s aunt in 2011. This Court deemed Plaintiff a vexatious litigant at a hearing on September 7, 2022.

            Once again, Plaintiff is attempting to have the Court vacate (reconsider) the ruling that he is a vexatious litigant. Plaintiff has repeated the arguments he previously made that he is not a vexatious litigant. It appears that he is also asking the Court to reconsider the dismissal of Defendant Dr. Issai from December 2022.

OPPOSING PARTY’S POSITION

            Dr. Issai, who is joined in her opposition by Adventist Health Glendale, argues that the code sections cited by Plaintiff in his motion are either inapplicable (CCP § 473(d)) or have no basis and are untimely (CCP § 663).

            Defendants have also requested that the Court order Plaintiff to be placed on the Vexatious Litigant list maintained by the Judicial Council of California.

LEGAL STANDARD AND ANALYSIS

Code of Civil Procedure § 473(d) states:

“The court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order.”

There are no clerical mistakes nor any void judgments or orders here. As such, CCP § 473(d) does not apply.

            Additionally, any motions made pursuant to CCP § 663 to vacate a judgment must be made within 15 days of the judgment. (See Simgel Co., Inc. v. Jaguar Land Rover North America, LLC (2020) 55 Cal.App.5th 305.) The Court’s Order of Dismissal was entered and served on December 23, 2022. The time for filing a motion to vacate would have expired on January 9, 2023. Plaintiff filed his motion on March 20, 2023.

            Plaintiff’s motion is denied.

ORDER

1.      Plaintiff Gregory Wong’s Motion to Vacate Previous Court Rulings is DENIED.