Rose Ann Fernandez v. The State of California Government et al

Filing 22

ORDER TO SHOW CAUSE by Magistrate Judge Fernando M. Olguin. If plaintiff objects to being declared a vexatious litigant, she shall file a response to this Order to Show Cause NO LATER THAN APRIL 20, 2012. **See Order for details.** (ch)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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ROSE ANN FERNANDEZ,

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Plaintiff,

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v.

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THE STATE OF CALIFORNIA
GOVERNMENT, et al.,

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Defendants.

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NO. ED CV 11-1932 SJO (FMO)

ORDER TO SHOW CAUSE

Local Rule 83-8.2 provides that the court may declare a party to be a vexatious litigant,
stating:

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On its own motion or on motion of a party, after opportunity to be

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heard, the Court may, at any time, order a party to give security in such

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amount as the Court determines to be appropriate to secure the payment of

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any costs, sanctions or other amounts which may be awarded against a

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vexatious litigant, and may make such other orders as are appropriate to

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control the conduct of a vexatious litigant. Such orders may include, without

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limitation, a directive to the Clerk not to accept further filings from the litigant

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without payment of normal filing fees and/or without written authorization

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from a judge of the Court or a Magistrate Judge, issued upon such showing

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of the evidence supporting the claim as the judge may require.

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Local Rule 83-8.2. “Any order issued under [Local Rule]. 83-8.2 shall be based on a finding that

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the litigant to whom the order is issued has abused the Court’s process and is likely to continue

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such abuse, unless protective measures are taken.” Local Rule 83-8.3; see also DeLong v.

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Hennessey, 912 F.2d 1144, 1147 (9th Cir.), cert. denied, 498 U.S. 1001 (1990) (To support a

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vexatious litigant finding, “[a]t the least, the records needs to show, in some manner, that the

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litigant’s activities were numerous or abusive.”).

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Pursuant to Local Rule 83-8.2, plaintiff Rose Ann Fernandez is Ordered to Show Cause

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why she should not be declared a vexatious litigant in light of her repeated filing of frivolous

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documents in closed cases. See Fernandez v. California Department of Corrections, ED CV 12-

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0284 SJO (FMO) (Docket No. 5); Fernandez v. The State of California Government, CV 11-3430

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UA (FMO) (Docket Nos. 5, 8, & 10-15); Fernandez v. United States Government, CV 10-0313 UA

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(DUTY) (Docket Nos. 5-7); Fernandez v. Perris Lake School, CV 09-7240 CAS (JEM) (Docket No.

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11); Fernandez v. Victim Compensation and Government Claims Board, CV 09-2058 UA (FMO)

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(Docket Nos. 7-8); see also Fernandez v. The State of California Government, ED CV 11-1932

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SJO (FMO) (Docket No. 15 – First Amended Complaint attempting to modify pending action to

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reopen closed case (CV 11-3430 UA (FMO)) and also attempting to incorporate prior closed cases

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and previously rejected motions into pending action).

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If plaintiff objects to being declared a vexatious litigant, she shall file a response to this

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Order to Show Cause no later than April 20, 2012.

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Dated this 30th day of March, 2012.

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/s/
Fernando M. Olguin
United States Magistrate Judge

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