Wednesday, October 11, 2023

1/3 sua sponte drops vexatiousness hammer

In this published opinion today, 1/3 says:

Since July 2016, disbarred California attorney Elizabeth M. Barnson Karnazes has, while self-represented, “commenced, prosecuted, or maintained” nine appeals in this court that have been “finally determined adversely” to her — that is, matters not subject to further appellate review — within the meaning of Code of Civil Procedure section 391, subdivision (b)(1)(i).1 During the pendency of these appeals, she engaged in a pattern of delay that has burdened this court and the litigants she has sued. On our own motion, we conclude Karnazes is a vexatious litigant, and we impose a prefiling order prohibiting her from filing new litigation in the courts of this state without first obtaining permission from the presiding judge or justice where the litigation is proposed to be filed. (§§ 391, subd. (b)(1)(i), 391.7, subd. (a).)

On the federal side of things, today the 9th Circuit publishes this 2-to-1 opinion on appellate standing.