San Mateo, CA asked in Personal Injury and Legal Malpractice for California

Q: I’m looking for a litigator with experience in Federal Court, specif. in Northern District of California, San Francisco

The DA of a certain California County may be guilty of vexatious litigation against me, as well as collusion with a judge. I’m aware these are serious accusations, However, if I can consult with a federal litigation attorney, he/she will understand why I’m concerned once I provide the details.

1 Lawyer Answer
Adam Stoddard
Adam Stoddard
  • Santa Clara, CA
  • Licensed in California

A: I think you have a misunderstanding as to what a vexatious litigator is or can be. The DA cannot be a vexatious litigant. Pursuant to CCP 391, et seq., it can only be a pro per litigant who has maintained at least 5 litigations other than small claims to final determination adversely to the person or unjustifiably permitted to remain pending at least 2 years without having been brought to trial or hearing, or after litigation has been finally determined against them, repeatedly relitigates or attempts to relitigate as a pro per, or repeatedly files unmeritorious motions, pleadings, or other papers, conducts unnecessary discovery or engages in other tactics that are frivilous or solely intended to cause unnecessary delay. I would suggest that you speak with an attorney so they can at least let you know whether you have a case or not. I suspect not.

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