Legal Question in Business Law in California
Vexatious Litigant is Out of Control, HELP!
I have a case where I have been prosecuted 6 times for a restraining order. On the most recent 6th attempt, Plaintiff was found a vexatious litigant by the court for his last 5 attempts upon my CCP 391 motion.
After his 6th request was dismissed on 9/7/06 (he had an attorney representing him on this 6th request), and after the court declared him a vexatious litigant upon my CCP 391 motion in response to this 6th attempt, Plaintiff's attorney subsequently filed a separate civil action on 9/13/06, A MERE 6 DAYS LATER, alleging the SAME ALLEGATIONS and asking for damages, equitable relief, an injunction, and an order to relinquish my firearms alleging stalking under CC 1708.7, violation of the bane act under CC 52.1, nuisance, trespass, intrusion into private affairs / invasion of privacy, intentional interference with contractual relations, and intentional infliction of emotional distress, along with a demand for a jury trial. I have not yet been served with this complaint. Plaintiff's attorney also filed a notice of appeal dated November 5, 2006, for the TRO dismissal and vexatious finding, and the appeal is currently pending, no due date for Appellant's opening brief has been set yet. CCP 391(b)(4) calls this vexatious AGAIN.
2 Answers from Attorneys
Re: Vexatious Litigant is Out of Control, HELP!
You still have to respond to the lawsuit as well as file the brief when your response brief is due on the appeal. Everywhere you need to point out the court's conclusion and ask the higher court to sanction him. I am surprised that he was never sanctioned before.
Re: Vexatious Litigant is Out of Control, HELP!
Your question is???
You need to continue following procedures set up for this, filing motions and pleadings on each matter, seeking appropriate relief and sanctions. If you don't know how to do so, consult with counsel. You may be entitled to your attorney fees. Feel free to contact me if interested in doing so.
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