Abar v. Rogers

Opinion

ELKINGTON, J.

In this action plaintiffs Charles R. Abar (hereafter for convenience, Abar) and Elizabeth M. Abar, his wife (hereafter for convenience, Elizabeth), had by an order of the superior court been declared vexatious litigants under Code of Civil Procedure sections 391-391.6. Thereafter in the action, Abar customarily appeared as “Charles R. Abar, pro. per., for Charles and Elizabeth Abar.” Abar is not licensed to practice law in the State of California. Elizabeth was not represented in the action pro se, or by a licensed attorney. Defendants Rogers, in the action, moved for a preliminary injunction restraining Abar from engaging in the practice of law in the instant action or in any action for and on behalf of, or by representing, Elizabeth. The superior court denied the motion, and the defendants appeal.

Abar and Elizabeth have chosen not to appear in response to the appeal, in person or by counsel or by filing briefs or otherwise.

Although under no duty so to do (see 6 Witkih, Cal. Procedure (2d ed. 1971) Appeal, §§ 439-440, pp. 4403-4405), we have elected, ourselves, to independently review the record and apposite law, and otherwise to process the appeal

(id.).

Having done so we conclude that the appeal is meritorious, and that the preliminary injunction should have been granted as applied to the instant action.

We first observe that an order denying a preliminary injunction is an appealable order. (Code Civ. Proc., § 904.1, subd. (f);

Lesser Towers, Inc.

v.

Roscoe-Ajax Constr. Co.

(1969) 271 Cal.App.2d 675, 693 [77 Cal.Rptr. 100].)

And we are of the opinion that defendants are parties “aggrieved” by the order denying the preliminary injunction, and are accordingly entitled to appeal therefrom. (See Code Civ. Proc., § 902.) For doubt would be cast upon the validity of any judgment, order, ruling or stipulation in the action purporting to affect Elizabeth, at a time she may have been unlawfully represented by Abar, and thus in law not represented at all. Any party who feels that he is, or who may be,

aggrieved

by an other