Tuesday, February 27, 2018

Pittman v. Beck Park Apartments (Cal. Ct. App. - Feb. 27, 2018)

Sometimes the topic of the opinion itself tells you where the court's likely to come out.

For example, figure out how you think this opening paragraph ends:

"On May 28, 2010 the trial court declared Randall Pittman a vexatious litigant and prohibited him, pursuant to Code of Civil Procedure section 391.7, from filing in propria persona any new litigation in the courts of this state without first obtaining leave of the presiding judge or justice of the court where the litigation is proposed to be filed. Over the past seven years Pittman has made several attempts to have that order stricken, reconsidered, vacated or overturned. This appeal is from the trial court’s most recent denial of Pittman’s motion to vacate the order declaring him a vexatious litigant."

The next line reads:  "We _________."

Do you think the Court of Appeal fills in the blank with "affirm" or "reverse?"

Yep.  You got it right.

Oh, and if you need another hint -- not that you do, since you already know the answer -- here's another part of the opinion that might help you figure out where this one's headed:

"Siemens further argued Pittman repeatedly engaged in harassing and unnecessary tactics. For example, during three of his previous lawsuits against Siemens, Pittman had filed five motions to disqualify the presiding judges. Each motion was denied. Siemens stated Pittman sent “harassing and intimidating” emails to opposing counsel, one of which included “an extended diatribe about 9/11, the war in Iraq, pharmaceutical companies, and the inequities of the criminal justice system,” while in another, Pittman stated, “[L]et them know that that was only one battle because the war will end in the courtroom and that is where I must die.”"

Probably not the greatest strategy on Pittman's part.

Bravo, in contrast, by the respondents in this appeal.  Who don't even show up.  They let the Court of Appeal figure this one out on its own.

Right call.  By everyone involved.  (Except, of course, Mr. Pittman.)