Thursday, May 16, 2019

Columbo v. Kinkle, Rodiger & Spriggs (Cal. Ct. App. - May 16, 2019)

Sometimes, to briefly state the facts of the case is sufficient itself to state the appropriate holding:

"A vexatious litigant’s request to sue his attorneys for legal malpractice was denied by the superior court, as was his motion for reconsideration of that request. This court denied extraordinary relief. Undaunted, the vexatious litigant asked a different presiding judge to give him leave to file the identical legal malpractice complaint. This time, his request was granted and the current action was filed."

Yep.  That's enough to know how this one should (and does) come out.

"As a matter of both substantive legal doctrine and fundamental fairness, litigants are only entitled to one bite at the apple. But this vexatious litigant refuses to stop biting. We conclude the doctrine of res judicata precludes a litigant from filing successive prefiling requests, and therefore, we affirm the judgment."