Howard v. Farmers Insurance Company Inc et al

Filing 147

ORDER by Judge Dean D. Pregerson DENYING MOTION for Order Deeming Plaintiff Derrick Howard a Vexatious Litigant 105 . (jp)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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DERRICK HOWARD,

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Plaintiff,

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v.
FARMERS INSURANCE COMPANY,
INC.; MID-CENTURY INSURANCE
COMPANY; et al.,
Defendants.
___________________________

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Case No. CV 12-01068 DDP (JCx)
ORDER DENYING DEFENDANTS’ MOTION
FOR ORDER DEEMING PLAINTIFF A
VEXATIOUS LITIGANT
[Dkt. No. 105]

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Presently before the Court is Defendants’ Motion for Order

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Deeming Plaintiff Derrick Howard a Vexatious Litigant.

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105.)

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The Motion was opposed.

(Dkt. No.

(Dkt. Nos. 115, 116, 117.)

District courts have the inherent power and discretion to

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enter orders deeming a party a “vexatious litigant.”

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Evergreen Dynasty Corp., 500 F.3d 1047, 1056-57 (9th Cir. 2007).

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This is considered “an extreme remedy that should rarely be used”

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because “such sanctions can tread on a litigant’s due process right

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of access to the courts.”

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due process against potential abuse of the judicial process, courts

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examine four factors: (1) notice and opportunity to be heard by the

Id. at 1057.

See Molski v.

To balance the concerns of

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potentially vexatious litigant; (2) creation of an adequate record

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to review; (3) substantive findings by the district court of the

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“frivolous or harassing nature of the plaintiff’s litigation”; and

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(4) narrow tailoring of any vexatious litigant order.

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Id.

Here, the Court declines to exercise its discretion and name

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Plaintiff a vexatious litigant.

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cannot determine that this suit — or any of the other alleged suits

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— are “frivolous or harassing.”

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does not appear that the merits of this suit, rather than

Most importantly here, the Court

This is a merits question, and it

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procedural or other non-substantive issues, have been addressed by

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a court with jurisdiction.

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DENIED.

Therefore, Defendants’ Motion is

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IT IS SO ORDERED.

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Dated: February 25, 2016
DEAN D. PREGERSON
United States District Judge

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