California Court of Appeal

In a case in juvenile court, defendant-father of fourteen-year-old child adjudged as a juvenile dependent is found to be a vexatious litigant within the meaning of section Code of Civil Procedure section 391 subdivision (b)(1) where: 1) defendant is a person who in propria persona has commenced, during the seven years preceding the filing of the present appeal, 13 appeals and writ proceedings all of which were finally determined adversely to defendant; 2) the application of the vexatious litigant law to defendant was not inconsistent with the purpose of juvenile dependency law; 3) subdivision (d) of section 391.7 does not exclude dependency matters from vexatious litigant proceedings; 4) the record supported a conclusion that defendant's right to counsel on appeal was not violated; and 5) application of vexatious litigant law did not violate state or federal constitution.

Appellate Information

• Decided 01/26/2009
• Published 01/26/2009

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• John L. Dodd, Tustin, under appointment by the Court of Appeal, for Defendant and Appellant., Janelle E. Kelley, Interim County Counsel, and William G. Smith, Deputy County Counsel, for Plaintiff and Respondent.