Kinney v. Lavin et al

Filing 26

ORDER GRANTING DEFENDANTS' MOTION TO DISMISS; DISMISSING COMPLAINT WITHOUT LEAVE TO AMEND; VACATING HEARING. Signed by Judge Maxine M. Chesney on October 31, 2014. (mmclc1, COURT STAFF) (Filed on 10/31/2014)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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CHARLES KINNEY,

No. C-14-3817 MMC

Plaintiff,

ORDER GRANTING DEFENDANTS’
MOTION TO DISMISS; DISMISSING
COMPLAINT WITHOUT LEAVE TO
AMEND; VACATING HEARING

v.
LOS ANGELES COUNTY SUPERIOR
COURT JUDGE LUIS A. LAVIN, et al.,
Defendants.

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Before the Court is the motion to dismiss, filed September 30, 2014, by California

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Court of Appeal Justice Roger W. Boren (“Justice Boren”) and California Superior Court

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Judge Luis A. Lavin (“Judge Lavin”). Plaintiff Charles Kinney has filed opposition, to which

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Justice Boren and Judge Lavin have replied. Having read and considered the papers filed

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in support of and in opposition to the motion, the Court find the matter suitable for

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determination on the parties’ respective written submissions, VACATES the hearing

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scheduled for November 14, 2014, and rules as follows.

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In his complaint, plaintiff alleges one cause of action, specifically, a claim under the

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Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. §§ 1961–1968.

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The claim is based on the following acts: (1) in 2008, Judge Lavin issued an order finding

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plaintiff to be a vexatious litigant (see Compl. ¶¶ 8, 10.E., Ex. D); (2) in 2012, Judge Lavin

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issued an order finding a client of plaintiff to be a vexatious litigant (see Compl. ¶ 8, 10.J,

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Ex. F); (3) in 2011, Justice Boren signed an opinion of the California Court of Appeal, in

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which plaintiff was found to be a vexatious litigant (see Compl. ¶ 10.I (citing In re Kinney,

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201 Cal. App. 4th 951 (2011)); (4) on two occasions, in 2009 and in 2012, respectively,

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Justice Boren, in his capacity as Administrative Presiding Justice of the Second Appellate

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District, dismissed two appeals filed by plaintiff, each challenging Judge Lavin’s order

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finding plaintiff to be a vexatious litigant (see Compl. ¶¶ 9, 10.F., 10.K, Exs. E, G); and

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(5) in 2012, Justice Boren issued a decision transferring, from one division of the Second

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Appellate District to another, an appeal filed by Kinney on behalf of a client (see Compl.

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¶ 10.L).

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Plaintiff alleges the above-referenced judicial decisions are “void” because, he

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asserts, neither Justice Boren nor Judge Lavin had “personal and subject matter jurisdiction

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over Kinney” at the time each such decision was issued. (See Compl. ¶ 45.)

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Consequently, plaintiff further asserts, he is entitled under RICO to an award of damages,

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as well as declaratory and injunctive relief.

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Plaintiff’s claims are barred in their entirety. First, Justice Boren and Judge Lavin

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are entitled to absolute immunity, and, consequently, plaintiff’s claim for an award of

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damages is barred. See Stump v. Sparkman, 435 U.S. 349, 355-56, 364 (1978) (holding

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state court judges sued for engaging in “judicial acts” are “immune from damages liability”

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irrespective of whether ruling was “in error”). Next, plaintiff’s claims for declaratory and

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injunctive relief, by which plaintiff seeks relief from the above-referenced decisions, are

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barred for lack of subject matter jurisdiction. See Atlantic Coast Line Railroad Co. v.

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Brotherhood of Locomotive Engineers, 398 U.S. 281, 296-97 (1970) (holding “lower federal

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courts possess no power whatever to sit in direct review of state court decisions”; vacating

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district court order enjoining enforcement of state court order).

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Accordingly, Justice Boren and Judge Lavin’s motion to dismiss is hereby
GRANTED, and plaintiff’s complaint is hereby DISMISSED without leave to amend.
IT IS SO ORDERED.

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Dated: October 31, 2014
MAXINE M. CHESNEY
United States District Judge

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