LAN LE VS. BAI TIAN TAN ET AL
Motion To Have Plaintiff Lan Le Declared A Vexatious Litigant
Motion type
Parties
Ruling
SF Superior Court - Real Property / Housing Dept 501 - CUD25680558 - January 23, 2026 Hearing date: January 23, 2026 Case number: CUD25680558 Case title: LAN LE VS. BAI TIAN TAN ET AL Case Number: | | CUD25680558 | Case Title: | | LAN LE VS. BAI TIAN TAN ET AL | Court Date: | | 2026-01-23 09:30 AM | Calendar Matter: | | Notice Of Motion And Memorandum Of Points And Authorities In Support Of Defendant'S Motion To Have Plaintiff Lan Le Declared A Vexatious Litigant | Rulings: | | Real Property/Housing Court Law and Motion Calendar for January 23, 2026. Line 14.
DEFENDANT BAI TAN Motion To Have Plaintiff Lan Le Declared A Vexatious Litigant is GRANTED in part and DENIED in part.
Defendant's request for the Court to declare Plaintiff Lan Le a vexatious litigant and subject her to a prefiling order pursuant to CCP 391.7(a) is GRANTED. Plaintiff Lan Le is a "vexatious litigant" as defined by CCP 391(b)(1).
Defendant's request to dismiss this action or require Plaintiff to furnish security to maintain this action is DENIED. Although Defendant requests this relief in the notice of motion, it is not mentioned or discussed in memorandum of points and authorities, and the notice of motion does not identify any evidence to support the required showing that there is not a reasonable probability Plaintiff will prevail in this litigation against Defendant.
The Court in its discretion considered both the opposition and the late-filed reply despite any procedural or timeliness issues. However, Defendant's substantive arguments and evidence regarding the lack of reasonable probability that Plaintiff will prevail in this litigation, which are essential to the requested relief but were presented for the first time only in reply, are improper and were not considered. =(501/CFH)
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Parties who intend to appear at the hearing must give notice to opposing parties and the court promptly, but no later than 4:00 p.m. the court day before the hearing unless the tentative ruling has specified that a hearing is required.
Notice of contesting a tentative ruling shall be provided by sending an email to the court to Department501ContestTR@sftc.org with a copy to all other parties stating, without argument, the portion(s) of the tentative ruling that the party contests. A party may not argue at the hearing if the opposing party is not notified, and the opposing party does not appear. | |
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