Narrative Opinion Summary
Steven J. Stanwyck and Pine Associates, Inc. appeal the dismissal of their case by the district court due to Stanwyck's designation as a vexatious litigant, per Cal. Civ. Proc. Code § 391.7 and C.D.C.A. Local Civ. R. 83-8. Their constitutional challenge to § 391.7 is barred by the ruling in Wolfe v. George, 486 F.3d 1120 (9th Cir. 2007). Stanwyck, along with his associated corporations, has been labeled a vexatious litigant by four different state and federal courts. He did not respond to the Notice of Filing By Vexatious Litigant Subject to Prefiling Order nor contest this designation in the district court, leading to a waiver of the issue. The district court's decision to dismiss the action is upheld as not an abuse of discretion. Chase Mortgage Holdings, Inc.’s request for judicial notice is approved. The ruling is affirmed, and the disposition is designated as non-publishable and not precedent-setting, except as noted in 9th Cir. R. 36-3.
Legal Issues Addressed
Abuse of Discretion Standard in Dismissal of Actionssubscribe to see similar legal issues
Application: The appellate court found no abuse of discretion by the district court in dismissing the case due to the vexatious litigant designation.
Reasoning: The district court's decision to dismiss the action is upheld as not an abuse of discretion.
Constitutional Challenge to Vexatious Litigant Statutessubscribe to see similar legal issues
Application: The challenge to the constitutionality of Cal. Civ. Proc. Code § 391.7 was barred based on existing precedent, which the court referenced to reject the claim.
Reasoning: Their constitutional challenge to § 391.7 is barred by the ruling in Wolfe v. George, 486 F.3d 1120 (9th Cir. 2007).
Judicial Notice in Appellate Proceedingssubscribe to see similar legal issues
Application: The appellate court granted Chase Mortgage Holdings, Inc.'s request for judicial notice, acknowledging its relevance to the proceedings.
Reasoning: Chase Mortgage Holdings, Inc.’s request for judicial notice is approved.
Non-Precedential Disposition of Court Rulingssubscribe to see similar legal issues
Application: The court's ruling is designated as non-publishable and not precedent-setting, in accordance with specific rules.
Reasoning: The ruling is affirmed, and the disposition is designated as non-publishable and not precedent-setting, except as noted in 9th Cir. R. 36-3.
Vexatious Litigant Designation under Cal. Civ. Proc. Code § 391.7subscribe to see similar legal issues
Application: The court upheld the dismissal of the case due to Steven J. Stanwyck's designation as a vexatious litigant, which was not contested in the district court.
Reasoning: Steven J. Stanwyck and Pine Associates, Inc. appeal the dismissal of their case by the district court due to Stanwyck's designation as a vexatious litigant, per Cal. Civ. Proc. Code § 391.7 and C.D.C.A. Local Civ. R. 83-8.
Waiver of Issues Not Raised in Lower Courtsubscribe to see similar legal issues
Application: Stanwyck's failure to respond to the notice or contest his litigant status resulted in a waiver of the issue on appeal.
Reasoning: He did not respond to the Notice of Filing By Vexatious Litigant Subject to Prefiling Order nor contest this designation in the district court, leading to a waiver of the issue.