How have courts dealt with the vexatious litigant issue in the opening brief?

California, United States of America


The following excerpt is from Estate of Manwill v. Manwill, A143270 (Cal. App. 2015):

America (1998) 67 Cal.App.4th 779, 784-785.) Moreover, "failure of an appellant in a civil action to articulate any pertinent or intelligible legal argument in an opening brief may, in the discretion of the court, be deemed an abandonment of the appeal justifying dismissal." (Berger v. Godden (1985) 163 Cal.App.3d 1113, 1119.) Accordingly, to the considerable extent appellant's arguments are simply unfathomable, incoherent, or irrelevant, we shall not address them.

"The vexatious litigant statutes ( 391-391.7) are designed to curb misuse of the court system by those persistent and obsessive litigants who, repeatedly litigating the same issues through groundless actions, waste the time and resources of the court system and other litigants." (Shalant v. Girardi (2011) 51 Cal.4th 1164, 1169 (Shalant).)

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