California Court of Appeal

In plaintiffs' civil rights suit against multiple local and state agencies arising from the removal of their developmentally impaired daughter from their custody, trial court's dismissal of the action after determining the plaintiffs to be vexatious litigants under Code of Civil Procedure section 391(b)(2) & (3) is reversed as, although the trial court did not abuse its discretion in finding the plaintiffs to be vexatious litigants under section 391(b)(3), nothing in the record supports the court's conclusion that the plaintiffs have no reasonable probability of prevailing in the action.

Appellate Information

• Decided 11/30/2010
• Published 11/30/2010

Judges

• Duffy

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• David J. Beauvais, Edmund G. Brown Jr