Razavi v. Bendorf Drive Apartments et al

Filing 28

ORDER STRIKING 25 , 26 REQUESTS FOR JUDICIAL NOTICE. Signed by Judge Beth Labson Freeman on 1/13/2017. (blflc4, COURT STAFF) (Filed on 1/13/2017)

1

UNITED STATES DISTRICT COURT

2

NORTHERN DISTRICT OF CALIFORNIA

3

SAN JOSE DIVISION

4
5

MELINA RAZAVI,

Case No. 16-cv-01388-BLF

Plaintiff,
6
v.

ORDER STRIKING REQUESTS FOR
JUDICIAL NOTICE

7
8

BENDORF DR. APTS., et al.,
Defendants.

9
10

On January 12, 2017, Defendants Santa Clara County Housing Authority and Bendorf Dr.

United States District Court
Northern District of California

11

Apartments filed two requests for judicial notice of Plaintiff Melina Razavi’s vexatious litigant

12

status. ECF 25, 26. These two requests are identical to a prior request for judicial notice that the

13

Court has already struck. ECF 23, 24. In these requests for judicial notice, Defendants also

14

request that the proceedings be stayed pursuant to California Code of Civil Procedure section

15

391.7(c). However, section 391.7(c) is a state statute designed to protect California state courts

16

from vexatious litigation and does not apply to federal court proceedings in this District. See

17

Donovan v. City of Dallas, 377 U.S. 408, 412 (1964); Johnson v. Univ. Hous., No. 2:06-628, 2007

18

WL 4303728, at *12 (S.D. Ohio Dec. 10, 2007). The Court thus DENIES the request to stay the

19

action on this basis.

20

The Court further DENIES the requests for judicial notice because they were not filed with

21

an underlying motion or a request for relief. The notices filed thus have no force or effect here. If

22

Defendants seek to stay this action or an order declaring Plaintiff a vexatious litigant, Defendants

23

need to file a noticed motion in accordance with Civ. L.R. 7-2.

24

IT IS SO ORDERED.

25
26
27
28

Dated: January 13, 2017
______________________________________
BETH LABSON FREEMAN
United States District Judge