Karnazes v. The Lauriedale Homeowners Assn.

Filed 10/11/23

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

ELIZABETH KARNAZES, Plaintiff and Appellant, A167888 v. THE LAURIEDALE HOMEOWNERS (San Francisco City & ASSOCIATION, County Super. Ct. No. CGC-17-557900) Defendant and Respondent.

Since July 2016, disbarred California attorney Elizabeth M. Barnson Karnazes has, while self-represented, “commenced, prosecuted, or maintained” nine appeals in this court that have been “finally determined adversely” to her — that is, matters not subject to further appellate review — within the meaning of Code of Civil Procedure section 391, subdivision (b)(1)(i).1 During the pendency of these appeals, she engaged in a pattern of delay that has burdened this court and the litigants she has sued. On our

1 Undesignated statutory references are to the Code of Civil Procedure.

On our own motion, we take judicial notice of a 2014 California State Bar opinion and order disbarring Karnazes, and of the dockets in the appeals she has filed in this court, including in case No. A168422 wherein she filed a notice of appeal under the name “Betsy Barnson.” (See Garcia v. Lacey (2014) 231 Cal.App.4th 402, 409, fn. 7 (Garcia); Evid. Code, §§ 452, subd. (d), 459.) 1

own motion, we conclude Karnazes is a vexatious litigant, and we impose a prefiling order prohibiting her from filing new litigation in the courts of this state without first obtaining permission from the presiding judge or justice where the litigation is proposed to be filed. (§§ 391, subd. (b)(1)(i), 391.7, subd. (a).) BACKGROUND Since 2006, Karnazes has filed 31 appeals in this court. She has represented herself in all but one. She achieved partial success in two appeals and lost 23. Six appeals, including this one, remain pending. Since July 2016, Karnazes has — while self-represented — maintained the following nine appeals in this court that have been determined adversely to her and that are now final: (1) In Karnazes v. CitiMortgage, Inc., et al., case No. A144813, she appealed from a judgment of dismissal entered after the trial court sustained defendants’ demurrer to her fourth amended complaint without leave to amend. We affirmed by written opinion on October 25, 2016. (2) In Karnazes v. PetSmart, Inc., case No. A147512, she appealed from a default judgment issued in her favor. We dismissed the appeal as moot on February 7, 2017. (3) In Karnazes v. Ferry, et al., case No. A149779, she appealed from an order denying her renewed motion to strike and/or dismiss a cross-complaint. We dismissed the appeal on March 1, 2017, after she failed to procure the record. (4) In Hartford v. Karnazes, case No. A143423, she appealed from orders striking her memorandum of costs and granting