Hupp v. Solera Oak Valley Greens Assn.

A mother is not bound by a pre-filing order that applies to her vexatious-litigant son, since her own filing sought relief on behalf of herself as well as the son.  Distinguishing Say & Say, Inc. v. Ebershoff (1993) 20 Cal.App.4th 1759 on the ground that it involved an alter ego corporation that was not a separate entity from its vexatious litigant owner, this decision holds that the trial court erred in dismissing without notice a complaint filed by the mother of a vexatious litigant.  Though the complaint mentioned the vexatious litigant son and claimed relief on his behalf, the mother also owned different property in the same development and so could and did assert her own rights in the suit.  The mother was not bound by the vexatious litigant order against her son.  So it was error to dismiss the suit without notice or hearing insofar as it alleged claims on the mother’s behalf.

California Court of Appeal (Codrington, J.); June 23, 2017; 2017 WL 2705626


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