Professional Documents
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DATE:
COUNTY
OF LOS ANGELES
DEPT. 1
HONORABLE HONORABLE
R. AQUINO
C.A.
Deputy Sheriff"
NONE
Plaintiff Counsel
NO APPEARANCE
JOSE CASTANEDA
Defendant
NO APPEARANCE
VS
Counsel
BERKE ET AL
PENDING/GRANTED
NATURE OF PROCEEDINGS:
COURT ORDER
Joseph Castaneda was deemed a vexatious litigant by the Los Angeles Superior Court in Case No. BC466737 pursuant to Code of civil Procedure Section 391 and was barred from filing new litigation without leave of court pursuant to Code of Civil Procedure Section 391.7. Plaintiff's exhibit 7. On 4/2/12, Plaintiff submitted a "Motion and Opposition to Illegal, Corrupt Order by the Court on March 28, 2012." On 4/5/12, Plaintiff submitted supplemental papers requesting judicial notice of certain cases and for sanctions. The court has reviewed all of Plaintiff's papers. Plaintiff's request to reverse Judge Hickok's order is denied. This court cannot vacate a ruling by another judicial officer finding that Plaintiff was a vexatious litigant. It is improper for one trial judge to review the decision of another trial judge. This rule is designed to preserve the integrity of the courts and to prevent forum shopping. Geddes v. Superior Court (2005) 126 Cal.App.4th 417, 425-426j In re Alberto (2002) 102 Cal.App. 4th 421. As such, Plaintiff's request to reverse Judge Hickok's order and for another evidentiary hearing to review the evidence on which Judge MINUTES ENTERED 06/29/12 COUNTY CLERK
Page
of
DEPT.
COUNTY
OF LOS ANGELES
DEPT.
HONORABLE HONORABLE
R. AQUINO
DEPUTY CLERK
ELECTRONIC
RECORDING
MONITOR
J. O'NEALr
C.A.
Deputy Sheriffll
NONE
Plaintiff Counsel Defendant
Reporter
(NO LEGAL FILE) 2:30 pmlBC466737 JOSE CASTANEDA VS ESTATE OF ROBERT BERKE ET AL FEE WAIVER PENDING/GRANTED
NO APPEARANCE NO APPEARANCE
Counsel
NATURE OF PROCEEDINGS:
Hickok
relied
is denied.
Plaintiff's motion to consolidate pending and dismissed cases filed in the Northeast Districtr Pasadena; the Southwest Districtr Torrance and the Central District is also denied. The request is properly made after all cases have been related into a single departmentr and must be determined by that department. L.A. County Superior Court Rule 3.3. Plaintiff's motion for sanctions for conduct in connection with the underlying Motion for an Order Finding Defendant to be a Vexatious Litigant is denied as that matter is properly brought before the trial court. AdditionallYr sanctions under Code of Civil Procedure Section 128.5 is denied as that statute does not apply to conduct arising from claims initiated after 12/31/94. Olmstead v. Arthur J. Gallagher & Co. (2004) 32 Cal.4th 804r 807. Plaintiff's request for sanctions under Code of Civil Procedure Section 128.7 is denied on the additional ground that Plaintiff did not comply with the procedural requirements of that statute requiring that the motion be made separately and be filed with the court 21 days after service of the motion on opposing parties. California Code of Civil Procedure Section 128.7. Based on the foregoingr Plaintiff's motion is MINUTES ENTERED 06/29/12 COUNTY CLERK
Page
2 of
DEPT.
COUNTY
OF LOS ANGELES
DEPT. 1
HONORABLE HONORABLE
R. AQUINO
C.A.
Deputy Sheriffll
NONE
Plaintiff Counsel
Reporter
NO APPEARANCE NO APPEARANCE
JOSE CASTANEDA
Defendant
Counsel
NATURE OF PROCEEDINGS:
denied
in its entirety.
I, the below-named Executive Officer/Clerk of the above-entitled court, do hereby certify that I am not a party to the cause herein, and that on this date I served the minute order upon each party or counsel named below by placing the document for collection and mailing so as to cause it to be deposited in the United States mail at the courthouse in Los Angeles, California, one copy of the original filed/entered herein in a separate sealed envelope to each address as shown below with the postage thereon fully prepaid, in accordance with standard court practices. Dated: 6/29/12 Exec~ive Officer/Clerk
i!'~NI
.. R.
AQUINO
Page
3 of
DEPT. 1
DEPT. 1
R. AQUINO
DEPUTY ELECTRONIC CLERK RECORDING Reporter MONITOR
HONORABLE HONORABLE
C.A.
Deputy Sheriff II
NONE
Plaintiff Counsel
NO APPEARANCE NO APPEARANCE
JOSE CASTANEDA
Defendant
Counsel
NATURE OF PROCEEDINGS:
JOSE CASTANEDA 1377 RUTAN WAY PASADENA, CA ,91104 R. SAMUEL PAZ LAW OFFICES OF R. SAMUEL PAZ 5711 WEST SLAUSON AVENUE, SUITE 100 CULVER CITY, CA 90230 STEPHEN R. RYKOFF, 11355 WEST OLYMPIC
LOS ANGELES, CA
ESQ. BOULEVARD,
SUITE 100
90064,
SARAH L. OVERTON, ESQ. CUMMINGS, MCLCLOREY, DAVIS, ACHO & ASSOCIATES, P.C. 3801 UNIVERSITY AVENUE, SUITE 560 RIVERSIDE, CA 92501
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DEPT. 1