| Case | County / Judge | Motion | Ruling | Indexed | Hearing |
|---|
Motion To Dismiss Pursuant To Code Of Civil Procedure Section 391.4
SF Superior Court - Law & Motion / Discovery Dept 302 - CGC21594084 - June 25, 2025 Hearing date: June 25, 2025 Case number: CGC21594084 Case title: PATRINA HARRISON VS. CITY AND COUNTY OF SAN FRANCISCO Case Number: | | CGC21594084 | Case Title: | | PATRINA HARRISON VS. CITY AND COUNTY OF SAN FRANCISCO | Court Date: | | 2025-06-25 09:00 AM | Calendar Matter: | | Notice Of Motion And Motion To Dismiss Pursuant To Code Of Civil Procedure Section 391.4 | Rulings: | | Matter on calendar for Wednesday, June 25, 2025, Line 4, DEFENDANT CITY AND COUNTY OF SAN FRANCISCO's Motion To Dismiss Pursuant To Code Of Civil Procedure Section 391.4.
1 - Defendant City and County of San Francisco's Motion To Dismiss Pursuant To Code Of Civil Procedure Section 391.4 is GRANTED. The court has considered Plaintiff's untimely opposition to the motion.
Code of Civil Procedure section 391.4 provides as follows: "When security that has been ordered furnished is not furnished as ordered, the litigation shall be dismissed as to the defendant for whose benefit it was furnished."
Here, Plaintiff abused the judicial process by repeatedly filing frivolous litigation. In a separate proceeding, she was declared a vexatious litigant, and became subject to a prefiling order. (See Order, filed Apr. 16, 2025.) In this action, which was pending when she was deemed vexatious, Plaintiff failed to demonstrate there was any realistic chance that she would prevail on any of her claims. (See id.) The court, thus, ordered Plaintiff to post security of $65,00000 if she wanted to continue this particular action. (Id.) Plaintiff has not posted the security.
Thus, under Code of Civil Procedure section 391.4, this court is now obligated to dismiss this matter as to Defendant CCSF, which is the only defendant in the action.
Contrary to Plaintiff's contentions, this result does not deny her access to the court based on indigency. Plaintiff has repeatedly abused judicial process. And after notice and opportunity to be heard, she failed to show there was any realistic chance she would prevail in this case. Thus, the court authorized the case to go forward only if she posted security that would protect Defendant from her abusive litigation conduct. Defendant is entitled to this protection whether the abusive party on the other side of the case has means or not. In any event, on this record Plaintiff's showing does not overcome Defendant's interest in protection against Plaintiff's abusive litigation conduct and the court declines to exercise discretion in favor of excusing Plaintiff from the security requirement.
Defendant's unopposed request for judicial notice is granted. The case is ordered dismissed.
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