Rie v. City of Los Angeles CA4/3

Filed 12/2/13 Rie v. City of Los Angeles CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

JIN RIE,

Plaintiff and Appellant, G046849

v. (Super. Ct. No. 30-2011-00463588)

CITY OF LOS ANGELES, OPINION

Defendant and Respondent.

Appeal from a judgment of the Superior Court of Orange County, Ronald L. Bauer, Judge. Dismissed. Jin Rie, in pro. per., for Plaintiff and Appellant. Carmen A. Trutanich, Michael N. Feuer, City Attorney, and Kjehl T. Johansen, Deputy City Attorney, for Defendant and Respondent.

Jin Rie is a vexatious litigant who is subject to pre-filing orders prohibiting him from filing any new litigation in the courts of this state in propria persona without first obtaining leave to do so. (See Code Civ. Proc., § 391.7.) Through an attorney, Rie filed the instant action—a grueling 181-page unintelligible complaint alleging 40 causes of action against 30 defendants, including the City of Los Angeles Police Department (the LAPD).1 The trial court dismissed the LAPD from the action after its demurrer to the complaint was sustained without leave to amend and Rie appeals. Following the LAPD’s dismissal, on a motion filed by a different defendant, the trial court dismissed the entire action with prejudice finding Rie’s counsel was a mere puppet and the complaint was filed by Rie in propria persona. That dismissal was not appealed and the ruling is final. Accordingly, we conclude the current appeal has become moot, and we dismiss the appeal. FACTS & PROCEDURE Rie is subject to vexatious litigant pre-filing orders issued in 2007 in Los Angeles Superior Court case Nos. BC349526 and BC361268, prohibiting him from filing any new litigation in California courts without first obtaining leave of the presiding judge of the court in which the action is proposed to be filed. On April 5, 2011, Rie, ostensibly represented by an attorney named Hieu D. Do, filed the instant action against 30 named defendants, including: the LAPD, several LAPD police officers; the Los Angeles County Sheriff’s Department; the Los Angeles County Superior Court and several of its judges and employees; the State of California; a justice of the Court of Appeal; the Attorney General; the telephone company (AT&T); numerous private attorneys; and numerous other private individuals, including his former landlords