Skip to main content

Appealability of Vexatious Litigant ruling?

Brea, CA |

Can you appeal to California Supreme Court, if the Court of Appeals deems you a vexatious litigant? Are there any other remedies?

Attorney Answers 2

Posted

You could possibly seek review by the California Supreme Court, but quite frankly, I suggest you don't go there.

Frank W. Chen is licensed to practice law in the State of California. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.

Mark as helpful

3 lawyers agree

1 comment

Asker

Posted

This is not a frivolous case. A UD was reversed on appeal by appellate division, and then dismissed by landlord, and tenant's only recourse was to file an affirmative case in part for wrongful eviction, which is the case now pending in Court of Appeals. To me it's just a sample how little Division 3 of 2nd Appellate District and the Courts in general, think of pro per non-attorney parties even where the pro per party follows every law and procedure; that or they are thinking of their political interests where we are opposing property manager, attorney, and insurance company of owners. How can a affirmative case be found not to have merit, when a tenant is not allowed to cross-complaint in UDs, particularly wherein tenant won the underlying case when landlord dismissed after reversal by Appellate Division.

Posted

Mr. Chen has good advice. Any appeal is hard to win, but the baggage of having been held to be a vexatious litigant stacks the deck even more. Unless you have a clear case of the law being applied in error, as opposed to a factual determination, you should quit before you get further behind.

This answer does not create an attorney-client relationship. It is advisable to consult with an attorney with full disclosure of relevant facts for a comprehensive leagl opinion.

Mark as helpful

2 lawyers agree