Goodrich v. Sierra Vista Regional Medical Center
Goodrich v. Sierra Vista Regional Medical Center
Opinion
*1263 The trial court denied Dr. Karen E. Goodrich's petition for writ of administrative mandate challenging the decision of Sierra Vista Regional Medical Center (Sierra Vista) to terminate her from its medical staff. Thereafter, Goodrich, acting in propria persona, filed three motions attempting to relitigate the court's final judgment on the petition. The court denied the motions and declared her to be a vexatious litigant under Code of Civil Procedure section 391, subdivision (b)(2) and (3). 1
Goodrich contends on appeal that the filing of three motions was insufficient to justify the vexatious litigant determination. We conclude substantial evidence supports that finding. The trial court, after denying the second motion, admonished Goodrich that she could be declared a vexatious litigant "if similar unsubstantiated motions continue to be filed without any reasonable likelihood of success." She failed to heed this admonition. Accordingly, we affirm.
FACTS AND PROCEDURAL BACKGROUND
Goodrich is a board certified obstetrician and gynecologist who was appointed to Sierra Vista's medical staff. In 2012, she was denied reappointment to her position due to alleged concerns about her fitness for practice. She also failed to appear at an administrative hearing before Sierra Vista's judicial review committee.
Goodrich's attorney filed a petition for writ of administrative mandate challenging Sierra Vista's decision to terminate her staff privileges. Goodrich sought an order either reappointing her to the staff or providing her with a new administrative hearing. The trial court denied the petition, *259 finding that Goodrich did not have good cause to miss the administrative hearing and that the decision not to reappoint her was sufficiently supported. Notice of entry of judgment was served on June 4, 2013. *1264 Goodrich did not appeal the judgment. After her attorney withdrew from the case, Goodrich, acting in propria persona, filed five separate motions challenging the trial court's decision. Each motion was denied. The court found "no legal, factual or procedural basis to ... consider motions related to a matter that has been adjudicated and judgment entered."
On October 7, 2013, Sierra Vista moved for an order declaring Goodrich a vexatious litigant under section 391, subdivision (b)(2). The trial court denied the motion, noting that only two of Goodrich's filings occurred after expiration of the time to appeal the judgment: (1) a motion for leave to file an amended petition, filed on August 14, 2013, and (2) an ex parte application seeking approval of certain orders, filed on September 18, 2013. Citing
Holcomb v. U.S. Bank. Nat. Assn.
(2005)
On July 28, 2014, Goodrich, again appearing in propria persona, filed a motion for temporary and permanent injunction and related relief based on changed circumstances. Like her earlier motions, it attacked the validity of the judgment. The trial court denied the motion, observing that Goodrich "wishes to enjoin [Sierra Vista] from seeking a determination that she is a vexatious litigant. At the same time, [she] continues to seek affirmative relief. [She] claims she is not re-litigating the writ; but rather is asserting a cross-complaint contesting the denial of her reappointment and termination of her staff privileges. In other words, she is seeking once again to overturn the denial of her reappointment and related relief. She continues to argue that the writ was improperly denied."
Sierra Vista moved again for an order declaring Goodrich a vexatious litigant. This time the court granted the motion, finding it "has reached the point at which [Goodrich] is 'repeatedly' relitigating her claims against [Sierra Vista], especially in light of this [c]ourt's multiple prior admonitions." The court determined that her "actions are unreasonably impacting [Sierra Vista] and the [c]ourt, as contemplated by ... [section] 391 [, subdivision] (b)(2) and (3)."
The trial court ordered Goodrich to post a bond in the amount of $25,000 as security to proceed any further in this action. It further issued a prefiling order prohibiting Goodrich, while acting in propria persona, from filing new *1265 motions in this action or any new litigation against Sierra Vista without prior leave of court. Goodrich appeals. 2
DISCUSSION
Statutory Framework and Standard of Review
The vexatious litigant statutes were created to curb misuse of the court system
*260
by those acting in propria persona who repeatedly file groundless lawsuits or attempt to relitigate issues previously determined against them. (§§ 391-391.7;
Shalant v. Girardi
(2011)
When considering a motion to declare a litigant vexatious, the court must weigh the evidence to decide whether the litigant is vexatious based on the statutory criteria and whether the litigant has a reasonable probability of prevailing. (
Golin v. Allenby
(2010)
We review the trial court's order declaring a party to be a vexatious litigant for substantial evidence. (
Morton, supra,
156 Cal.App.4th at p. 969,
Vexatious Litigant Finding
Under Section 391, Subdivision (b)(2)
The trial court first determined Goodrich is a vexatious litigant under section 391, subdivision (b)(2). That subdivision defines "vexatious litigant" as a person who "[a]fter a litigation has been finally determined against the person, repeatedly relitigates or attempts to relitigate, in propria persona, either (i) the validity of the determination against the same defendant or defendants as to whom the litigation was finally determined or (ii) the cause of action, claim, controversy, or any of the issues of fact or law, determined or concluded by the final determination against the same defendant or defendants as to whom the litigation was finally determined."
Goodrich contends she does not qualify as a vexatious litigant under this subdivision because she did not "repeatedly" attempt to relitigate the validity of the judgment. She asserts the word "repeatedly," as used in the statute, means more than the three filings at issue here. We are not persuaded. As stated in
Morton, supra,
156 Cal.App.4th at page 972,
Morton
concluded that three motions filed over the course of three years and related to two separate judgments were insufficient to show that the defendant "repeatedly" filed motions within the meaning of the vexatious litigant statute. (
Morton, supra,
156 Cal.App.4th at p. 972,
The court pointed out, however, that "[t]his is not to say that only three motions could
never
form the basis for a vexatious litigant designation where perhaps they all seek the exact same relief which has already been denied or all relate to the same judgment or order or are filed in close succession." (
Morton, supra,
156 Cal.App.4th at p. 972,
Holcomb, supra,
Here, there is no question that at the time the trial court declared Goodrich a vexatious litigant there was "a past pattern or practice" on her part that carried the risk of repetition. (
Holcomb, supra,
129 Cal.App.4th at p. 1505,
Holcomb
further noted that "[a]lthough section 391, subdivision (b)(2) does not require a connection between the previous relitigation attempts and the movant or action in which security is sought, such a connection would militate heavily in favor of requiring the plaintiff to provide security." (
Holcomb, supra,
129 Cal.App.4th at p. 1505,
Parties are entitled to rely on the finality of a judgment. (See
Kachig v. Boothe
(1971)
Vexatious Litigant Finding
Under Section 391, Subdivision (b)(3)
The trial court also determined that Goodrich is a "vexatious litigant" under section 391, subdivision (b)(3), which defines that term as a person who, while acting in propria persona in any litigation, "repeatedly files unmeritorious motions, pleadings, or other papers, conducts unnecessary discovery, or engages in other tactics that are frivolous or solely intended to cause unnecessary delay." As discussed above, Goodrich repeatedly filed unmeritorious motions while attempting to relitigate issues finally determined by the trial court. Moreover, when the court denied Sierra Vista's first motion to declare Goodrich a vexatious litigant, it warned her that any further motions to relitigate these same issues could subject her to a vexatious litigant finding. Instead of heeding this admonition, she filed another motion with the exact same purpose, i.e., to overturn the judgment. Substantial evidence supports a finding that, at that point, she engaged in tactics that were frivolous and designed to cause unnecessary delay. Goodrich points to nothing in the record that undermines the court's ruling that she qualifies as a vexatious litigant under section 391, subdivision (b)(3).
DISPOSITION
The order designating appellant a vexatious litigant is affirmed. Respondent shall recover its costs on appeal.
We concur:
GILBERT, P.J.
YEGAN, J.
All further statutory references are to the Code of Civil Procedure.
Goodrich requests that we take judicial notice of two documents from the Medical Board of California that purportedly establish her physical and mental fitness to practice medicine. Sierra Vista opposes the request on the ground that the documents are irrelevant to the issues on appeal. We agree with Sierra Vista and deny the request.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.