Legal Opinion
Moran v. Murtaugh Miller Meyer & Nelson, LLP
California Supreme Court
Decided March 1, 2007No. S132191PublishedCited by 39 opinions
1Opinion of the Court
Opinion
CORRIGAN, J.
We limited review to the following issue: In assessing whether a vexatious litigant has a reasonable probability of success on his claim (see Code Civ. Proc., § 391.3),1 may the trial court weigh the evidence presented on the motion, or must it assume the truth of plaintiff’s alleged facts and determine only whether the claim is foreclosed as a matter of law?
We conclude the trial court is permitted to weigh the evidence, and we affirm the Court of Appeal’s judgment.
*783I. Factual and Procedural History
A vexatious litigant may be required to furnish security if the trial court…
2Cases cited8 opinions
- Wilson v. Parker, Covert & ChidesterCalifornia Supreme Court · 2002
- Estate of GriswoldCalifornia Supreme Court · 2001
- Beyerbach v. Juno Oil Co.California Supreme Court · 1954
- People v. Derrick B.California Supreme Court · 2006
- Taliaferro v. HoogsCalifornia Court of Appeal · 1965
3 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- People v. RamirezCalifornia Supreme Court · 2009
- People v. R.G. (In re R.G.), California Court of Appeal, 5th District2019
- Burton H. Wolfe v. Ronald M. George, Chief Justice Deborah SilvaCourt of Appeals for the Ninth Circuit · 2007
- Tom Retzlaff v. Go America Communications Corporation, Aaron David Dubrinski, and John and/or Jane Doe, Texas Court of Appeals, 8th District (El Paso)2011
- Thompson v. IoaneCalifornia Court of Appeal · 2017
34 more not listed; retrieve them via the Exa API.