The Vexatious Litigant trap - the mother of all back stabs

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NOTE - if YOU represent YOURSELF then YOU can be declared a vexatious litigant. WATCH OUT!

The newest fashion item for cities and others to attempt to label anyone and everyone a VEXATIOUS LITIGANT. This is how your opponent can stab you right in the throat at trial. And an ignorant or lazy judge, or commissioner may approve it. The more people they get out of the court room the more time for golf!

We have noted some complaining of this new tactic, put more work, more research, and more effort into their case than paid lawyers. Lawyers, at least most, are only in it for the money, not the law.

As a DEFENDANT in a court case you should never be accused of being vexatious, the law was not designed for defendants being declared vexatious. As the defendant in a trial de novo where you are accused of being vexatious, you can dismiss the entire case of the plaintiff by not paying security. The "security" dismissal is not res judicata by law. See case law below.

REMEMBER THESE SPECIFIC ISSUES SPECIFIC TO ADMINISTRATIVE CITATIONS!

1. When you are cited or fined, you are defendant.
2. When your hearing is denied you are still the defendant.
3. When you REQUEST a "trial de novo" you are again the defendant.
4. IF you are declared a vexatious litigant you might not want to pay security.
5. The "de novo" case AGAINST you will be dismissed without prejudice.
6. The administrative decision against you is vacated by law.
7. This opens up the possibilities for a future federal filing.

BE ON ALERT! A City attorney may try to tell the court YOU are the plaintiff! Never agree to that. This is a trial de novo. You are defendant in a new trial.

KELLY CROWE, Plaintiff, v. RAMA GOGINENI, et al., Defendants. No. 2:11-cv-3438 JAM DAD PS.
United States District Court, E.D. California.

See Dkt 67 and Dkt 69.

Also see
29 F.3d 638
Robert A. WRIGHT, Plaintiff-Appellant, v. UNITED AIRLINES, Defendant-Appellee. No. 94-15282.
United States Court of Appeals, Ninth Circuit. Submitted July 18, 1994.* Decided July 20, 1994.

SECURITY DISMISSALS (not paying security) are not considered Res Judicata or barred by Rooker Feldman!

Be very careful with each pleading you file. if your opponent (City or County) thinks they are losing, they may call you a vexatious litigant and file a motion against you. It should be clear to you that ALL the attorneys and judges know each other. The go to parties together, They meet for golf. And its law firms that contribute to a state judge's re-election, no people who represent themselves.

This used to be a punishment that was used sparingly for the worst court offenders. There are crazy litigants out there that file hundreds of lawsuits, and harass people they want to harm. Now, however, if some evil lawyer is against you as a pro per, they can file a motion with the court to light fire under a commissioner's ass to label you a vexatious litigant for literally - nothing. Its a very subjective decision.

Once you are declared a VEXATIOUS LITIGANT you might as well get a 666 tattooed right in the middle of your forehead. You have the mark of the beast and every court official and every judicial officer will use the "label" against you.

Its true, there are some crazies out there that totally abuse the court system.

More to come!