The Story The Issues The Litigation Related More Info Forums Blog Contact Dockets
The Story The Issues The Litigation Related More Info Forums Blog Contact Dockets

Web Site Under Construction

The Clincher - “no reasonable probability” of success issue

Even if I had lost the five litigations in question (which is extremely questionable) and even if my “inquisitorial” motion was frivolous (which is even more questionable) the court, before requiring a security under CCP 391.3, was required to determine the following:

“ . . . that there is no reasonable probability that the plaintiff will prevail in the litigation against the moving defendant, . . .” and that “. . . the litigation has no merit and has been filed for the purposes of harassment or delay, . . .”.

However, not one word was said at the hearing about whether there was or was not merit to my petition for division of trust (which was “the litigation against the moving defendant”).  Click here to see full hearing transcript.

The clincher is the fact that five years later, in 2000, this exact issue regarding division of trust was deemed worthy of a five day trial in bankruptcy court.  Judge Greenwald would not have devoted a five day trial on this issue if he felt there was "no reasonable probability that the plaintiff will prevail in the litigation".  

It is ironic that the bankruptcy court denied my petition for division of trust on the grounds that I was a "vexatious litigant" and therefore would not be a good trustee of a new trust.