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Thomas McJD
Thomas McJD, Attorney
Category: Business Law
Satisfied Customers: 6516
Experience:  Experienced in Corps, LLCs, Partnership, etc.
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Customer Question

I have been sued twice in small claims by the same person, both were meritless. First time there was a judgement in my favor (plaintiff was there, then didn't stick around for the hearing), second time the case was dismissed with prejudice (plaintiff was there until the judge had us go outside with a mediator, plaintiff didn't like what he was hearing from the mediator, and left in a rage without attending the hearing). In letters that the plaintiff has sent to me, he writes that he will continue to sue me until I get my daughter (his former fiancee) to talk to him in person (I know, weird.). Under the advice of the kind mediator, I filed for the plaintiff to be classified as a vexatious litigant. Looking online, I have just been denied. I live 94 miles away, one way, from where the plaintiff has been suing me. What can I do to make these small claims lawsuits stop? I will be getting a restraining order, but I know that doesn't prevent this guy from suing me again (which he has promised to do).
Submitted: 3 years ago.
Category: Business Law
Expert:  Thomas McJD replied 3 years ago.

TMcJD :

Hi, I will be happy to assist you, and it is my goal to make you a very satisfied customer! This may take a few minutes, so thanks for your patience.

TMcJD :

You definitely have a remedy. This person's suits have no merits and are frivolous. You can request that the plaintiff be sanctioned by filing a motion for sanctions under Rule 128.7 of California's Rules of Civil Procedure.

TMcJD :

128.7. (a) Every pleading, petition, written notice of motion, or other similar paper shall be signed by at least one attorney of record in the attorney's individual name, or, if the party is not represented by an attorney, shall be signed by the party. Each paper shall state the signer's address and telephone number, if any. Except when otherwise provided by law, pleadings need not be verified or accompanied by affidavit. An unsigned paper shall be stricken unless omission of the signature is corrected promptly after being called to the attention of the attorney or party. (b) By presenting to the court, whether by signing, filing, submitting, or later advocating, a pleading, petition, written notice of motion, or other similar paper, an attorney or unrepresented party is certifying that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, all of the following conditions are met: (1) It is not being presented primarily for an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. (2) The claims, defenses, and other legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law. (3) The allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery. (4) The denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on a lack of information or belief. (c) If, after notice and a reasonable opportunity to respond, the court determines that subdivision (b) has been violated, the court may, subject to the conditions stated below, impose an appropriate sanction upon the attorneys, law firms, or parties that have violated subdivision (b) or are responsible for the violation. In determining what sanctions, if any, should be ordered, the court shall consider whether a party seeking sanctions has exercised due diligence.

TMcJD :

http://law.onecle.com/california/civil-procedure/128.7.html

TMcJD :

If you review the rule at the link provided, there is additional material that discusses the filing of a motion and sanctions that may be imposed by the court. Those sanctions essentially include anything that is necessary to deter the same activity in the future.

TMcJD :

Please let me know if I can provide clarification or additional information. Thanks.