Judge: Gary I. Micon, Case: PC056141, Date: 2024-02-13 Tentative Ruling

Case Number: PC056141    Hearing Date: February 13, 2024    Dept: F49

Dept. F-49

Date: 2-13-24, 2-14-24

Case # PC056141, Judith M. Brown-Williams vs. Bentley Motors Inc, et al.

Trial Date: N/A

APPLICATION FOR ORDER TO VACATE PREFILING ORDER AND REMOVE PLAINTIFF FROM VEXATIOUS LITIGANT LIST

MOVING PARTY: Plaintiffs Judith M. Brown Williams and Alvin E. Williams

RESPONDING PARTY: No response has been filed

RELIEF REQUESTED

Plaintiffs Judith M. Brown-Williams and Alvin E. Williams have requested to be removed from the vexatious litigant list

RULING: Denied

SUMMARY OF ACTION AND ANALYSIS

On May 5, 2015, Plaintiffs Judith M. Brown-Williams and Alvin E. Williams were declared vexatious litigants and were made subject to the prefiling order of CCP § 391.7. Since that time, Plaintiffs have requested that the order designating them as vexatious litigants be vacated on multiples occasions. Each time, their request has been denied.

The most recent denial was April 11, 2023. In the Court’s ruling on the denial, the Court found that there was no basis to remove Plaintiffs’ vexatious litigant designation because Plaintiffs have continued to file motions that lack merit. They were also not supposed to file any additional motions due to the vexatious litigant designation, but they continued to do so.

CCP §391.8(a) allows a vexatious litigant to file an application to vacate the prefiling order and remove their name from the Judicial Council’s list of vexatious litigants. CCP § 391.8(b) states that “A vexatious litigant whose application under subdivision (a) was denied shall not be permitted to file another application on or before 12 months has elapsed after the date of the denial of the previous application.”

Plaintiffs’ last application to be removed from the list was filed on March 28, 2023. Plaintiffs’ application was denied on April 11, 2023. Twelve months have not elapsed since Plaintiffs’ last application was denied. Plaintiffs’ may not file another application until April 11, 2024.

To the extent that Plaintiffs have requested other relief beyond their removal from the vexatious litigant list, those motions will not be heard pursuant to CCP § 391.7, subds. (c) and (d).

Plaintiffs’ applications are denied.