Judge: Walter P. Schwarm, Case: 30-2020-01159870, Date: 2022-12-06 Tentative Ruling

Plaintiff’s (Cynthia L. Brown) Motion to Vacate the June 1, 2022 and June 24, 2022 Orders to Deem Plaintiff a Vexatious Litigant (Motion), filed on 8-3-22 under ROA No. 395, is DENIED.

The court GRANTS Defendant’s (Bank of New York Mellon, as Successor in Interest to JPMorgan Chase Bank, N.A. as Trustee for Structured Asset Mortgage Investments II Inc. Bear Stearn Alt-A Trust 2006-2, Mortgage Pass-Through Certificates, Series 2006-2) Request for Judicial Notice (RJN), filed on 11-21-22 under ROA No. 419, of Exhibits 1 through 3 pursuant to Evidence Code section 452, subdivision (d).

Code of Civil Procedure Section 916, subdivision (a), provides, “(a) Except as provided in Sections 917.1 to 917.9 inclusive,  and in Section 116.810, the perfecting of an appeal stays proceedings in the trial court upon the judgment or order appealed from or upon the matters embraced therein or affected thereby, including enforcement of the judgment or order, but the trial court may proceed upon any other matter embraced in the action and not affected by the judgment or order.

“The purpose of the automatic stay provision of section 916, subdivision (a) ‘is to protect the appellate court’s jurisdiction by preserving the status quo until the appeal is decided. The [automatic stay] prevents the trial court from rendering an appeal futile by altering the appealed judgment or order by conducting other proceedings that may affect it.’ [Citation.]” (Varian Med. Sys., Inc. v. Delfino (2005) 35 Cal.4th 180, 189.) “The trial court’s power to enforce, vacate or modify an appealed judgment or order is suspended while the appeal is pending. [Citations.]” (Elsea v. Saberi (1992) 4 Cal.App.4th 625, 629.)

Here, Plaintiff is appealing both the June 1, 2022 Order and the June 24, 2022 Order which are at issue in this Motion. (RJN, Exhibits 1 and 2.) The appeals of both the Orders are still pending. (ROA Nos. 421 and 422.) Therefore, the Court is without jurisdiction to amend the Orders at issue in this Motion while the appeal is pending.

Further, this case was dismissed without prejudice by Plaintiff on 1-6-22. (RJN, Ex. 3; ROA No. 360.)  Hagan Engineering, Inc. v. Mills (2003) 115 Cal.App.4th 1004, 1007-1008, stated, “The dismissal with prejudice of the lawsuit deprived the superior court of subject matter jurisdiction. Absent a pending lawsuit, a court cannot issue judgments or orders. A superior court has subject matter jurisdiction over most original ‘causes.’ [Citation.]  A cause commences with the filing of an  action or special proceeding. [Citation.] A dismissal terminates an action. [Citation.] A superior court thereafter has no subject matter jurisdiction to grant relief other than costs and fees as appropriate. [Citations.] A court may also entertain a motion to vacate on grounds of mistake, excusable neglect and so forth (Code Civ. Proc., § 473). [Citations.]” (See also, Casa de Valley View Owner’s Assn. v. Stevenson (1985) 167 Cal.App.3d 1182, 1192.)

Therefore, the court lacks jurisdiction to rule on the Motion, and the court DENIES Plaintiff’s (Cynthia L. Brown) Motion to Vacate the June 1, 2022 and June 24, 2022 Orders to Deem Plaintiff a Vexatious Litigant filed on 8-3-22 under ROA No. 395. 

Defendant is to give notice.