Thursday, February 21, 2013
Court Declares Man ‘Vexatious Litigant’ on Own Motion
By a MetNews Staff Writer
A pro per who has suffered five losses in the Fifth District Court of Appeal yesterday was declared by that court to be a vexatious litigant.
“Over the last seven years, Eugene Forte, in propria persona, has filed, prosecuted or maintained at least five appeals or writ petitions that have been finally determined against him.” The “By the Court” order said. “Accordingly, this court concludes on its own motion that Mr. Forte is a vexatious litigant within the meaning of Code of Civil Procedure section 391, subdivision (b)(1), and should be subject to a prefiling order under section 391.7. We hereby issue that prefiling order.”
The opinion, which is not certified for publication, recites four appeals by Forte and one writ petition, all of which failed. Forte argued that none of his actions had been frivolous.
The court responded that the statute merely “requires that the five litigations were ‘finally determined adversely to the person,’ not that they be found to be frivolous.
It was ordered that Forte institute no further legal proceedings without leave of the presiding judge or presiding justice.
The case is In re Forte, F066514.
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