Judge: Teresa A. Beaudet, Case: BC242816, Date: 2025-02-05 Tentative Ruling

Case Number: BC242816    Hearing Date: February 5, 2025    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

Background

             Petitioner Joseph L. Shalant (“Petitioner”) filed the instant “Petition to Vacate Prior Prefiling Order and Remove this Petitioner’s Name from the Judicial Council’s List of Vexatious Litigants Subject to Prefiling Orders.” The petition is unopposed.

            Discussion

            Petitioner appears to cite to Code of Civil Procedure section 391.8 in support of the instant petition. Code of Civil Procedure section 391.8, subdivision (c) provides that “[a] court may vacate a prefiling order and order removal of a vexatious litigant’s name from the Judicial Council’s list of vexatious litigants subject to prefiling orders upon a showing of a material change in the facts upon which the order was granted and that the ends of justice would be served by vacating the order.”

            In the motion, Petitioner states that “a prefiling order was imposed on him in February 2002 by Judge Czuleger in Case #BC242816.” (Petition at p. 1:24-25.) Attached to the instant petition is a document titled “Prefiling Order – Vexatious Litigant,” which appears to have been filed on February 26, 2002. This Prefiling Order provides, inter alia, that “[t]he Individual(s) mentioned in Item 1 is prohibited from filing any new litigation in propria persona in the courts of California without approval of the presiding judge of the court in which the action is to be filed.” Item 1 of the Prefiling Order lists “Joseph L. Shalant.”

            As an initial matter, the Court notes that Code of Civil Procedure section 391.8, subdivision (a) provides as follows:

“A vexatious litigant subject to a prefiling order under Section 391.7 may file an application to vacate the prefiling order and remove his or her name from the Judicial Council’s list of vexatious litigants subject to prefiling orders. The application shall be filed in the court that entered the prefiling order, either in the action in which the prefiling order was entered or in conjunction with a request to the presiding justice or presiding judge to file new litigation under Section 391.7. The application shall be made before the justice or judge who entered the order, if that justice or judge is available. If that justice or judge who entered the order is not available, the application shall be made before the presiding justice or presiding judge, or his or her designee.”

The Court notes that Petitioner does not demonstrate that the “justice or judge who entered the order is not available.” (Code Civ. Proc., § 391.8, subd. (a).) Moreover, Petitioner does not indicate that “[i]f that justice or judge who entered the order is not available, the application [is] made before the presiding justice or presiding judge, or his or her designee.” (Code Civ. Proc., § 391.8, subd. (a).) [1]

In addition, Petitioner does not appear to provide “the facts upon which the order was granted.” (Code Civ. Proc., § 391.8, subd. (c).) Thus, there is no basis to determine whether there was a “material change in the facts upon which the order was granted” for purposes of Code of Civil Procedure section 391.8, subdivision (c). (Code Civ. Proc., § 391.8, subd. (c).)

Based on the foregoing, and with regard to this judicial officer, the Court denies Petitioner’s instant “Petition to Vacate Prior Prefiling Order and Remove this Petitioner’s Name from the Judicial Council’s List of Vexatious Litigants Subject to Prefiling Orders.”

            Conclusion  

            Based on the foregoing, the instant petition as to this judicial officer is denied.  

Petitioner is ordered to provide notice of this ruling.

DATED:  February 5, 2025                      ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court