Olson v. Hornbrook Community Services Dist. CA3

Filed 10/13/22 Olson v. Hornbrook Community Services Dist. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Siskiyou) ----

KIMBERLY R. OLSON, C092957

Plaintiff and Appellant, (Super. Ct. No. SCCVPT161089) v.

HORNBROOK COMMUNITY SERVICES DISTRICT,

Defendant and Respondent.

Appellant Kimberly R. Olson appeals the trial court’s order granting respondent Hornbrook Community Services District’s motion to adjudge appellant a vexatious litigant and require her to seek prior approval to file new litigation. The trial court found appellant commenced seven litigations that were determined adverse to her in the prior seven years. On appeal, appellant makes two primary arguments: (1) The trial court improperly double counted two appeals because the trial court also counted the underlying trial court actions; and (2) a settlement agreement covering one case disallows

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it from being considered an adverse decision. Rejecting appellant’s first argument, we find an appeal is a distinct “litigation” that may be counted independently of a trial court litigation. Because resolution of the first argument disposes of the appeal, we affirm. BACKGROUND On September 19, 2016, appellant filed a complaint alleging respondent violated various provisions of the Brown Act1 during a meeting held on August 16, 2016. On May 13, 2020, respondent filed a motion in the trial court to adjudge appellant a vexatious litigant, alleging that in the previous seven years she had filed seven actions in propria persona that were eventually determined against her. Three were in the Siskiyou County Superior Court: 1. Olson v. Siskiyou County et al., case No. 2012-0991 (entered on Oct. 16, 2013) 2. Olson v. Hanson, case No. 2014-0672 (entered on July 1, 2015) 3. Olson v. Hornbrook Community Services District, case No. 2017-0327 (entered on June 11, 2018) Four were appeals with this court: 1. Olson v. George, appeal No. C069332 from case No. 2010-1640 (affirmed June 26, 2013) 2. Olson v. Buttram et al., appeal No. C071549 from case No. 2010-1699 (affirmed Apr. 2, 2014) 3. Olson v. Siskiyou County et al., appeal No. C075122 from case No. 2012-0991 (affirmed July 25, 2017) 4. Olson v. Hornbrook Community Services District, appeal No. C086760 from case No. 2017-0327 (affirmed July 15, 2019)