California Court of Appeal

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Morton v. Wagner, H028942

Order designating defendant a vexatious litigant is reversed where: 1) the prior litigation brought by defendant has not been of the nature contemplated by the vexatious litigant statute; 2) there is no evidence of persistent or obsessive litigiousness by defendant; and 3) there is no evidence that the litigation has caused plaintiff serious financial results or that defendant's actions have placed an unreasonable burden on the courts.

Appellate Information

  • Decided 11/07/2007
  • Published 11/07/2007

Judges

  • RUSHING, P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Walter L. Wagner, pro se.

  • For Appellees:
  • David W. Brown, Monterey, for Plaintiff and Respondent Gail Morton.
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