Legal Opinion

Luckett v. Panos

California Court of Appeal

Decided March 24, 2008No. G038430PublishedCited by 19 opinions

1Opinion of the Court

Opinion

SILLS, P. J.

Our opinion today results in a partial win for appellant John Luckett. As we explain below, courts do indeed have the statutory authority to lift a prefiling order entered against an individual adjudicated to be a vexatious litigant. And, while we affirm the trial court’s order declining to lift a prefiling order against John Luckett this time, we also provide a roadmap as to how Luckett, or any other a person already adjudicated to be a vexatious litigant, can succeed in having that determination lifted.

I. THE ISSUE OF THE “PERPETUAL” VEXATIOUS LITIGANT

Two cases have…

2Cases cited7 opinions

  1. McDowell v. WatsonCalifornia Court of Appeal · 1997
  2. Pitchess v. Superior CourtCalifornia Court of Appeal · 1969
  3. Comfort v. ComfortCalifornia Supreme Court · 1941
  4. Pba, LLC v. Kpod, Ltd.California Court of Appeal · 2003
  5. In Re LuckettCalifornia Court of Appeal · 1991

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3Cited by19 opinions

  1. People v. BrewerCalifornia Court of Appeal · 2015
  2. Kobayashi v. Superior CourtCalifornia Court of Appeal · 2009
  3. Fink v. ShemtovCalifornia Court of Appeal · 2010
  4. PV Little Italy v. Metrowork Condominium Ass'nCalifornia Court of Appeal · 2012
  5. In re Marriage of Rifkin & CartyCalifornia Court of Appeal · 2015

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