Judge: Maurice A. Leiter, Case: 23STCV03740, Date: 2023-05-22 Tentative Ruling

Case Number: 23STCV03740    Hearing Date: May 22, 2023    Dept: 54

Hearing Date: May 22, 2023

Department 54, Judge Maurice A. Leiter

Motion to Declare Plaintiff a Vexatious Litigant and Post a Bond

Moving Party: Defendant County of Los Angeles

Responding Party: None

T/R:     DEFENDANT’S MOTION IS GRANTED. THE COURT FINDS THAT PLAINTIFF SONYA HOWARD IS A VEXATIOUS LITIGANT.

PLAINTIFF IS ORDERED TO FURNISH SECURITY IN THE AMOUNT OF $70,000.00 WITHIN 30 DAYS OR THE ACTION WILL BE DISMISSED PER CCP § 391.3.

DEFENDANT TO NOTICE.

            The Court considers the moving papers. No opposition has been received.

CCP § 391 defines a vexations litigant as a person who,

(1) In the immediately preceding seven-year period has commenced, prosecuted, or maintained in propria persona at least five litigations other than in a small claims court that have been (i) finally determined adversely to the person or (ii) unjustifiably permitted to remain pending at least two years without having been brought to trial or hearing.

(2) After a litigation has been finally determined against the person, repeatedly relitigates or attempts to relitigate, in propria persona, either (i) the validity of the determination against the same defendant or defendants as to whom the litigation was finally determined or (ii) the cause of action, claim, controversy, or any of the issues of fact or law, determined or concluded by the final determination against the same defendant or defendants as to whom the litigation was finally determined.

(3) In any litigation while acting in propria persona, repeatedly files unmeritorious motions, pleadings, or other papers, conducts unnecessary discovery, or engages in other tactics that are frivolous or solely intended to cause unnecessary delay.

(4) Has previously been declared to be a vexatious litigant by any state or federal court of record in any action or proceeding based upon the same or substantially similar facts, transaction, or occurrence.

(CCP § 391(b).)

            Defendant County of Los Angeles moves to declare Plaintiff a vexatious litigant under CCP § 391(b)(1). The County also requests Plaintiff be required to post a $70,000.00 bond.

Defendant contends that Plaintiff has filed and maintained 12 litigations in the last three years which were decided adversely to Plaintiff, including 3 appeals. (See Decl. Brenner.) “Litigations” for the purpose of CCP § 391(b)(1) “means any civil action or proceeding, commenced, maintained or pending in any state or federal court.” (CCP § 391(a).) “Litigation” also includes adversely decided appeals. (See e.g. Fink v. Shemtov (2010) 180 Cal.App.4th 1160, 1173-4.) The Court finds that Plaintiff is a vexatious litigant under CCP § 391(b).

Defendant also requests that Plaintiff be required to post a $70,000.00 bond per CCP § 391.1, which provides, “[i]n any litigation pending in any court of this state, at any time until final judgment is entered, a defendant may move the court, upon notice and hearing, for an order requiring the plaintiff to furnish security or for an order dismissing the litigation pursuant to subdivision (b) of Section 391.3. The motion for an order requiring the plaintiff to furnish security shall be based upon the ground, and supported by a showing, that the plaintiff is a vexatious litigant and that there is not a reasonable probability that he or she will prevail in the litigation against the moving defendant.”

The Court agrees that there is not a reasonable probability that Plaintiff will succeed in the action. Plaintiff’s complaint is confusing and nonsensical. The Court finds that a $70,000.00 bond is appropriate.

The County’s motion is GRANTED. Plaintiff is ordered to furnish security in the amount of $70,000.00 within 30 days or the action will be dismissed per CCP § 391.3.