LEGAL OPINION ON FILING OF FORM VL-110
This refers to your instructions regarding the rejection of your Request to File your Writs. You are also concerned that the Order (Form VL-115) is a fake. In consideration of your instructions, I have narrowed down the opinion to the following two issues:
Issues
- Whether there is any law that prohibits a litigant that was declared vexatious, from filing a Petition for Writ of Mandate.
- Whether you should file an amended Form VL-110, with case laws.
Analysis
- Whether vexatious litigants are precluded from filing a Petition for Writ of Mandate
Courts strictly enforce the vexatious litigant statute. In Camerado Ins. Agency, Inc. v. Superior Court [No. C014311. Third Dist. Jan 25, 1993.], the Petitioner (Defendant) had filed a Motion for Sanctions under the vexatious litigant statute. The Defendant requested the Court to issue sanctions against the Defendant for filing frivolous motions. The Trial Court denied Defendant’s Motion upon which the Defendant filed a Petition for Writ of Mandate. The Court adopted a strict interpretation of the vexatious litigant statute and granted the Defendant’s Petition. In the words of the Court:
Our reading of the statute is consistent with its legislative purpose. “The vexatious litigant statutes were enacted to require a person found a vexatious litigant to put up security for the reasonable expenses of a defendant who becomes the target of one of these obsessive and persistent litigants whose conduct can cause serious financial results to the unfortunate object of his attack.
The foregoing shows how strictly the Courts handles filings made by litigants declared vexatious. The foregoing notwithstanding, there is no provision of law that expressly bars vexatious litigants from filing documents in Court. However, the vexatious litigants are required to post security for them to proceed with the case.
- Whether Form VL-115 is fake, and whether you should file an amended Form VL-110
Form VL-115 is meant to ensure a vexatious litigant first obtains the permission of the Court before filing any further document in Court. A denial (in Form VL-115) is an Order from the Court, which is reviewable and appealable. Next, the legitimacy of documents is challenged in Court by handwriting experts. The handwriting expert(s) would identify errors in documents, and testify as to their validity.
Conclusion
In light of the foregoing, it is my opinion that: The Court strictly interprets the vexatious litigant statute. Therefore, vexatious litigants are not expressly prevented from making any filing in Court. However, they are first required to post security before making any filing.
Next, on the legitimacy of the Form VL-115, you will need to engage the services of a handwriting expert to provide expert opinion on the legitimacy of the Form VL-115.
Regards.
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