Hanna v. Little League Baseball, Inc., No. E070995 (D5 Aug. 18, 2020)
The Court of Appeal holds that the trial court did not err in declaring Plaintiff—a baseball coach in a beef with the national little league association—to be a vexatious litigant under Code of Civil Procedure § 391. The record reflected that as a pro se litigant, plaintiff had commenced, prosecuted, or maintained at least five civil actions in the preceding seven years that had been finally determined adversely to him. Thus, the trial court correctly stayed the case until Plaintiff posted a cost bond and dismissed it when he failed to do so.
The trial court should not, however, have ruled on the Defendant’s discovery motions after it filed its vexatious litigant motion. Section 391.6 specific provides that any litigation is stayed until ten days after the motion is denied or, if granted, ten days after the litigant posts a bond. It was thus an abuse of discretion for the trial court to rule on the discovery motion and issue $1,200 in sanctions against Plaintiff.
Reversed in part.
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