Martin v. Graves CA2/1

Filed 5/2/16 Martin v. Graves CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION ONE

RONNIE S. MARTIN, B262355

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. BC537705) v.

K. GRAVES et al.,

Defendants and Respondents.

APPEAL from a judgment of the Superior Court of Los Angeles County, John L. Segal, Judge. Affirmed. Ronnie S. Martin, in pro. per., for Plaintiff and Appellant. Kamala D. Harris, Attorney General, Jonathan L. Wolff, Assistant Attorney General, Thomas S. Patterson and Cassandra J. Shryock, Deputy Attorneys General, for Defendants and Respondents. _______________________________

Plaintiff Ronnie Martin appeals from a judgment dismissing this action without prejudice for failure to post a security bond after the trial court declared him a vexatious litigant. Martin disputes the Attorney General established he qualifies as a vexatious litigant. We affirm. BACKGROUND In February 2014, Martin, a state prison inmate, filed this action against Officer K. Graves and Lieutenant A. Lugo, employees of the California Department of Corrections and Rehabilitation (collectively, defendants). Using a form complaint, Martin asserted causes of action for intentional tort and sought exemplary damages for defendants’ alleged malice, fraud and oppression. In these causes of action, Martin alleged Officer Graves engaged in intentional deception when she told Lieutenant Lugo, the senior hearing officer, that Martin did not request any witnesses at the hearing on a rules violation report (RVR) documenting alleged prison misconduct. According to Martin, when Graves handed him a copy of the RVR, he informed her he wanted witnesses at his hearing, “but she was too busy to write them down.” Martin informed Lugo that a witness named Officer Dyer could “verify that Officer Graves had refused to pick up Plaintiff’s . . . witness list.” Martin also told Lugo that Dyer had transferred to a correctional facility in Tehachapi. Martin alleged Lugo engaged in deception when he told Martin he would call Dyer as a witness at the hearing but failed to do so. Martin attached to his complaint prison documents indicating that, after the hearing, Lugo issued a new RVR to Martin for falsifying a legal document by indicating he had requested witnesses for the hearing. The new RVR was later dismissed after Officer Dyer was interviewed and gave a statement regarding his conversations with Martin and Officer Graves about Martin’s witness list. Martin alleged, as a result of defendants’ conduct, he suffered “extreme mood swings,” an “unbearable headache,” and “stomach problems.” He further alleged his “asthma went out of control,” and his “blood pressure sky rocketed.”