Stafford v. Russell

BALTHIS, J.

This litigation has a long history which is rather fully recorded in previous appellate decisions. From the number of actions, proceedings and motions filed and appeals taken, it is apparent that plaintiff Stafford, who is the appellant here appearing in propria persona, believes firmly in a policy of “interminable litigation.” This is a clear example of “vexatious litigation” and to say it has imposed an unreasonable burden upon the courts and our system of administration of justice is putting it most mildly.

The original action in this case for declaratory relief, an accounting, damages and to quiet title, was filed by Mr. Stafford in 1949. After a trial by the court sitting without a jury, judgment for the defendants was entered May 13, 1952. This judgment has been affirmed on appeal many times.

(Stafford

v.

Russell,

117 Cal.App.2d 319 [255 P.2d 872];

[720]

Stafford v. Russell,

128 Cal.App.2d 794 [276 P.2d 41];

Coburg Oil Co.

v.

Russell,

136 Cal.App.2d 165 [288 P.2d 305].)

1

Although the point has been specifically ruled upon in the prior appellate decisions, Mr. Stafford still raises on this appeal the contention that the original judgment entered in 1952 is void. This point is without merit and we hold that the judgment entered May 13, 1952, in this action is a valid and final judgment. In this connection we agree with the statement made by the court in

Coburg Oil Co.

v.

Russell,

136 Cal.App.2d 165, 167-168 [288 P.2d 305], as follows:

“Stafford’s repeated efforts in the trial court and by his numerous appeals to relitigate issues that have been decided against him so often have been contumacious and inexcusable except upon the ground of ignorance (and Stafford is not ignorant), or the existence of an incurable litigation complex and an arrogant assumption of final success. Nevertheless, his persistent assertion of claims that have been carefully considered and held untenable by many courts have rendered him an insufferable nuisance.”