The last name "Volokh" is sufficiently unique that I assumed it was him when I saw the title of the case, a conclusion that was reaffirmed when I read the caption and then the opinion. It's another lawsuit (actually a series of petitions) brought by a pro se litigant against a law professor author that ends the right way -- dismissal -- but with the predictable hassle and expense for the defendant, who did nothing wrong.
So, as you might imagine, I'm sympathetic to his plight.
Xingfei Luo -- also known as Olivia Luo -- files various lawsuits anonymously (under a pseudonym), and Professor Volokh writes about anonymous litigation both on his blog -- the Volokh Conspiracy -- and in traditional law review articles. Professor Volokh's writing discussed, among other cases, those filed by Ms. Luo, identifying her by name. Ms. Luo didn't like that, so filed multiple requests for restraining orders against Professor Volokh, meritlessly asserting harassment.
The restraining orders were predictably denied, and there were additional procedural complexities as well; e.g., a successful anti-SLAPP motion by Professor Volokh, Ms. Luo's failed effort to withdraw various exhibits that she regrets failing to file under seal, etc. After losing, Ms. Luo then (predictably) appeals, which requires Professor Volokh to spend more time and effort responding to her latest litigious missives.
Professor Volokh wins, of course, but on some of the subsidiary issues, he wins on procedural grounds, because the Court of Appeal concludesthe Court of Appeal concludes that various aspects of Ms. Luo's appeal involve nonappealable issues. Perhaps ironically, it's Professor Volokh that tries to convince the Court of Appeal to treat those aspects of Ms. Luo's appeal as a petition for writ of mandate -- understandably, since presumably Ms. Luo will just file yet another appeal after some procedural moves on remand -- but the Court of Appeal declines to do so. So a win for the party that should indeed prevail, but with potentially more work opposing yet another meritless appeal ahead.
On the upside, as the Court of Appeal mentions, Ms. Luo has at this point been declared a vexatious litigant, which should at least put somewhat of a crimp upon her efforts to meritlessly litigate against others with whom she finds disfavor. It nonetheless remains unfortunate that Professor Volokh had to deal with all this.
Though I suspect that he successfully got in the last word. Ms. Luo's big objection was that Professor Volokh had published her actual name, and the opinion here is under her own name (Professor Volokh having successfully prevailed upon the trial court to preclude Ms. Luo from suing him anonymously) and, while initially unpublished, is now published. So big (psychic) win for the defendant.
Doesn't make it worth all the hassle and expense, I'm sure. But still. Something.
