Luckett, In re

• Decision Date: 11 July 1991
• Citation: 232 Cal.App.3d 107,283 Cal.Rptr. 312
• Court: California Court of Appeals Court of Appeals
• Parties: In re Finding of John LUCKETT as a Vexatious Litigant. G011207.

Page 312

283 Cal.Rptr. 312

232 Cal.App.3d 107

In re Finding of John LUCKETT as a Vexatious Litigant.

G011207.

Court of Appeal, Fourth District, Division 3, California.

July 11, 1991.

Review Denied Sept. 25, 1991.

OPINION

SILLS, Presiding Justice.

Since January 1990, John Luckett has filed at least 43 different appeals or writ petitions in this court while acting in propria persona. After due notice and an opportunity to be heard, the court has determined he is a vexatious litigant within the meaning of Code of Civil Procedure section 391, subdivision (b)(3), in that he has "repeatedly [filed] unmeritorious motions, pleadings, or other papers, [conducted] unnecessary discovery, or [engaged] in other tactics that are frivolous or solely intended to cause unnecessary delay."

On May 13, 1991, this court issued a written order and notice to Luckett, that it appeared he was a vexatious litigant as defined by section 391, subdivision (b)(3), of the Code of Civil Procedure. The order recited this court's observations that, in 34 different cases filed by Luckett in this court alone, he had filed unmeritorious motions, pleadings, or other papers, or engaged in other tactics that are frivolous.

The May 13 order notified Luckett the court was considering entering a prefiling order, pursuant to section 391.7, subdivision (a), of the Code of Civil Procedure, declaring him a vexatious litigant and prohibiting him from filing any new litigation in the courts of this state in propria persona without first obtaining leave of the presiding judge of the court where the litigation is proposed to be filed.

The May 13 order directed the clerk to set the matter for hearing on June 20, 1991. The order was sent to Luckett advising him of his right to appear before this court at that time and present argument and evidence on whether he is a vexatious litigant and whether the court should enter the proposed prefiling order under section 391.7, subdivision (a), of the Code of Civil Procedure.

After the notice was sent, Luckett filed a document titled "Motion to dismiss matter or in the alternative adjudication of the issues court to take judicial notice of G010033, G010880." He opined the two cited cases "speak for themselves" in proving he is not a vexatious litigant, and attached documents to demonstrate his point. We issued an order that the motion to dismiss and the concurrent motion for judicial notice would be decided at the scheduled hearing.

Luckett then filed a document entitled "Request for findings of fact, and ruleing [sic] on motion to dismiss! Request to rule on papers, and or attend hearing by telephone!" Luckett explained that he had recently been hired as a paralegal and collections clerk for a local credit agency, "which in it self [sic] proves that [he is] worthy to practice law without having to get a judges permission to file papers!" We issued another order, again declining to rule on the motion to dismiss, but indicating Luckett's personal presence at the vexatious litigant hearing was not required.

Luckett did not appear at the scheduled hearing. His written documents explain his defenses, however. In sum, he urges that his successes in certain lawsuits and his current employment demonstrate that he is not a vexatious litigant. We disagree.

Section 391 of the Code of Civil Procedure defines several categories of vexatious litigants, including one, who, "in any litigation while acting in propria persona, repeatedly files unmeritorious motions, pleadings, or other papers, conducts unnecessary discovery, or engages in other tactics that are frivolous or solely intended to cause unnecessary delay." Per Luckett's request, we take judicial notice of the documents attached to his motion to dismiss. Indeed we have reviewed in detail every document he has filed in the 43 separate appellate actions he has filed with this court. Contrary to Luckett's claims, those documents illustrate our conclusion that he has repeatedly filed unmeritorious motions and engaged in other tactics that are frivolous. Some of his appeals have been dismissed because he has attempted to appeal nonappealable orders. (People v. Luckett, G009148; Luckett v. Smathers, G009520; Luckett v. Smathers, G009684; Luckett v. Smathers, G010033; Luckett v. Smathers, G010209.) Others have been dismissed because Luckett's briefs did not conform with the rules of court. (Luckett v. Knisley, G009241; Luckett v. First Interstate Bank, G009386; Luckett v. City of Newport Beach, G009404; Luckett v. Knisley, G009463.) In all four of those cases he made unmeritorious and frivolous motions to have the original brief refiled after this court struck the brief and gave him an opportunity to file a brief which did conform to the rules of court.

Luckett has repeatedly refiled motions which this court has already denied. This court issued an unpublished opinion in Luckett v. Aladdin Tour and Travel (Oct. 31, 1990) G009294, affirming the lower court's judgment and sanctioning Luckett $1500 for a frivolous appeal. On three occasions he filed separate motions to set aside and/or vacate the order imposing sanctions. In Luckett v. Smathers, . G010033, he requested enforcement of a settlement on three separate occasions. Respondent's motion to dismiss...