On 11/01/2004 PAUL BARRETT HERRIOTT filed a Family - Marriage Dissolution/Divorce lawsuit against ALICJA Z HERRIOTT. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are NELSON, MAREN E., RIEGER, MARSHALL, ENDMAN, JAMES D., STEINBERG, MARJORIE, DREWRY, ANTHONY B., SCHNIDER, ROBERT A., LEWIS, THOMAS TRENT, GORDON, SCOTT M, BYRD, CHRISTINE, PELLMAN, AMY, NELSON, MAREN, ENDMAN, JAMES, PELLMAN, AMY M., SILVERMAN, B. SCOTT, JESSNER, SAMANTHA P., GORDON, SCOTT M., JUHAS, MARK A., WEINTRAUB, DEBRE KATZ, LIPNER, JOSEPH, STEINBERG, MARJORIE S. and KAUFMAN, SHELLEY. The case status is Disposed - Other Disposed.
Disposed - Other Disposed
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
NELSON, MAREN E.
ENDMAN, JAMES D.
DREWRY, ANTHONY B.
SCHNIDER, ROBERT A.
LEWIS, THOMAS TRENT
GORDON, SCOTT M
PELLMAN, AMY M.
SILVERMAN, B. SCOTT
JESSNER, SAMANTHA P.
GORDON, SCOTT M.
JUHAS, MARK A.
WEINTRAUB, DEBRE KATZ
STEINBERG, MARJORIE S.
HERRIOTT PAUL BARRETT
HERRIOTT ALICJA Z.
MANDELL SHELLY MAXINE
NACHSHIN ROBERT JAY
WASSERMAN LARRY EVAN
BRYAN SHARON ANN
MARTIN MICHAEL GARY
PRICHARD DONALD LEE
12/8/2017: Response - Domestic Violence
1/8/2018: Request - Judicial Notice
2/21/2018: Minute Order
3/7/2018: Minute Order
2/8/2019: Fee Waiver - Order on Court Fee Waiver - Granted FW003
2/8/2019: RFO/MTN - Attorney Fees - ...and judgment Nov 28, 2007 enforcement
2/8/2019: Notice - Order of Case Reassignment
3/4/2019: Miscellaneous - post judgmt rfo by resp
5/21/2019: Appeal - Remittitur - Affirmed - B287997
1/9/2020: Appeal - Notice of Appeal/Cross Appeal Filed - General Appeal
2/3/2020: Responsive Declaration
3/12/2020: Appellate Order Dismissing Appeal - Full Dismissal of All Appeal Issues
7/29/2020: Minute Order
9/24/2020: Appeal - Notice of Appeal/Cross Appeal Filed - "U6"; Fee Waiver GRANTED 1/16/20; DCA Filing Fee Waived - Existing Order
9/30/2020: Fee Waiver - Order on Court Fee Waiver - Granted FW003
10/7/2020: Proof of Service - "U6" DSGN
11/24/2020: Miscellaneous - Clerk Office of the Superior Court
12/29/2020: Proof of Service - Mail
Hearing04/06/2021 at 8:30 AM in Department 83 at 111 North Hill Street, Los Angeles, CA 90012; Request for Order - OtherRead MoreRead Less
DocketCourt Order for Post-Judgment Requests for Orders FAM 120Read MoreRead Less
DocketProof of Service - Mail; Filed by RespondentRead MoreRead Less
DocketRFO/MTN - Family Law (Other: Post-Death QDRO ); Filed by RespondentRead MoreRead Less
DocketFee Waiver - Order on Court Fee Waiver - Granted FW003; Filed by RespondentRead MoreRead Less
DocketFee Waiver - Request - Waive Court Fees - Filed FW001; Filed by RespondentRead MoreRead Less
DocketProof of Service - Mail; Filed by RespondentRead MoreRead Less
DocketMiscellaneous (Notice of Rejection re proposed Qulified Domestic Relations Order ); Filed by RespondentRead MoreRead Less
DocketMiscellaneous (QULIFIED DOMESTIC RELATIONS ORDER - MEMOORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF ALICIA HERRIOTT SURVIVING SPOUSE ); Filed by RespondentRead MoreRead Less
DocketAppeal - Remittitur - Appeal Dismissed (B303595 ); Filed by RespondentRead MoreRead Less
DocketOrder (on pet's ex parte )Read MoreRead Less
DocketOSC - Order to Show Cause (EX PARTE )Read MoreRead Less
DocketDeclaration (of g. talbott )Read MoreRead Less
DocketDeclaration (of d. mcneil re notice )Read MoreRead Less
Docketat 8:30 AM in Stanley Mosk Dept. - 65, Steinberg, Marjorie S., Presiding; Order to Show Cause Hearing - Held - Order MadeRead MoreRead Less
DocketMinute OrderRead MoreRead Less
DocketSummons (- On Behalf of: Petitioner: Herriott, Paul ); Filed by PetitionerRead MoreRead Less
DocketMiscellaneous (family law case cover sheet - On Behalf of: Petitioner: Herriott, Paul ); Filed by PetitionerRead MoreRead Less
DocketPetition (- On Behalf of: Petitioner: Herriott, Paul ); Filed by PetitionerRead MoreRead Less
DocketDeclaration - UCCJEA (- On Behalf of: Petitioner: Herriott, Paul ); Filed by PetitionerRead MoreRead Less
Case Number: BD415787 Hearing Date: August 03, 2020 Dept: 42
Herriott v. Herriott, Case No. BD 415 787
Alicja Herriott applies for an order vacating this Court’s order of May 1, 2012, finding that Ms. Herriott was a vexatious litigant and requiring prefiling approval pursuant to Code Civ. Proc. §391.7.
A vexatious litigant subject to a prefiling order may file an application to vacate the prefiling order and to remove his or her name from the Judicial Council’s list of vexatious litigant subject to prefiling orders. Code Civ. Proc. §391.8. The application may be granted “upon a showing of a material change in the facts upon which the order was granted and that the ends of justice would be served by vacating the order.” Ms. Herriott’s Application fails to meet that standard.
In support of her Application, Ms. Herriott claims that she was a party to only 2 cases within the last 5 years:
BD 415 787, Herriott v. Herriott, the dissolution case that gave rise vexatious litigant finding and order, and
BC 679 103, Herriott v. Herriott, a slip and fall personal injury case, filed October 11, 2017.
That is not accurate. In fact, she filed 5 more cases:
18 TRRO 00999, Alicja Herriott v. Julianna Herriott, filed December 5, 2018 and dismissed for lack of prosecution;
18 TRRO 00994, Alicja Herriott v. Allie Bojorquez, filed December 3, 2018, and denied after hearing on December 21, 2018;
BC 681 579, Alicja Herriott v. General Motors LLC, filed October 30, 2017 and dismissed with prejudice a year later on October 31, 2018;
18 STLC 06625, filed April 27, 2018, a parking appeal in which the violation was affirmed; and
18 STLC 06626, filed April 27, 2018 a parking appeal in which the violation was reversed.
In 4 of the 5 cases, she was in propria persona but did not obtain leave of the presiding judge to file. In one of them, Herriott v. General Motors LLC, she had counsel and prefiling permission was not required.
As for the 2 cases that she did identify in the Application, the dissolution case, BD 415 787, and the slip and fall case, BC 679 103, she made 4 filings without obtaining leave of court beforehand.
On October 11, 2017, she filed the slip and fall case, BC 679 103, without any prior court permission. When the prefiling order was brought to the attention of the judge assigned to the case, he gave Ms. Herriott 10 days to obtain an order from the presiding judge of the court permitting the filing of the lawsuit. Ms. Herriott failed to do so. On April 30, 2018, the court dismissed the case nunc pro tunc.
On November 2, 2017, she filed an OSC re contempt against Petitioner in the dissolution case, BD 415 787. The filing of this OSC is noted in her application. What is not noted is that she failed to obtain permission before filing. In fact, she waited over two months (January 17, 2018) before seeking permission to file the OSC. On February 1, 2018, the OSC was heard and all counts were dismissed upon demurrer of the Petitioner.
On December 5, 2017, she filed a request for domestic violence restraining order against Petitioner in the dissolution case, BD 415 787. The filing of this request is noted in her application. No permission was obtained, either before or after the filing.
On February 8, 2019, she filed a Request For Order in the dissolution case, BD 415 787. At the time of hearing on March 13, 2019, the Request For Order was denied for failure to follow the vexatious litigant prefiling process. A month later, on April 9, 2019, she filed a request to file by a vexatious litigant, which was granted.
In sum, based on all the facts and circumstances and in the exercise of the Court’s discretion, the Application is DENIED and the vexatious litigant finding and prefiling order remain in full force and effect.
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