Andrisani v. Hoodack

Opinion

TURNER, P. J.

Plaintiff, Albert Andrisani, has filed an application for a waiver of court costs and fees. In response to that request, this court, acting under the direction of the acting administrative presiding justice,

1

issued an order requesting the parties to file memoranda addressing the question of whether this court should act pursuant to Code of Civil Procedure section 391.7

2

and issue a prefiling order which would prohibit the

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filing of new litigation by plaintiff.

3

Plaintiff has been found to be a vexatious litigant within the meaning of section 391, subdivision (b) on two occasions in published Court of Appeal opinions.

(Andrisani

vs.

Saugus Colony Limited

(1992) 8 Cal.App.4th 517 [10 Cal.Rptr.2d 444];

First Western Development Corp.

v.

Superior Court

(1989) 212 Cal.App.3d 860, 867-871 [261 Cal.Rptr. 116].) An appellate court is authorized to determine that a prefiling order should be issued pursuant to section 391.7, subdivision (a) and the decision of

In re Whitaker

(1992) 6 Cal.App.4th 54, 55-57 [8 Cal.Rptr.2d 289]. No sound reason has been advanced to preclude this court from issuing a prefiling order. Therefore, this court finds that Albert Andrisani is a vexatious litigant within the meaning of section 391, subdivision (b). Accordingly, we order that henceforth Albert Andrisani not file any litigation in the courts of this state in propria persona without first obtaining leave of the presiding judge, presiding justice, or Chief Justice of the court in which the litigation is proposed to be filed. (§ 391.7, subd. (a).) The clerk of this court is directed to provide a copy of this opinion and order to the Judicial Council. (§ 391.7, subd. (d).) A copy shall also be provided to the Presiding Judge of the Los Angeles Superior Court.