This case was last updated from California Courts of Appeal on 12/18/2022 at 08:00:16 (UTC).

Colombo v. KINKLE RODIGER & SPRIGGS et al.

Case Summary

On 03/30/2022 Colombo filed an Other lawsuit against KINKLE RODIGER SPRIGGS. This case was filed in California Courts of Appeal, Fourth Appellate District - Division 3 located in Statewide, California. The Judge overseeing this case is Marks, Linda. The case status is Pending - Other Pending.
Case Details Parties Dockets


Case Details

  • Case Number:


  • Filing Date:


  • Case Status:

    Pending - Other Pending

  • Case Type:


  • County, State:

    Statewide, California

Judge Details

Trial Court Judge

Marks, Linda


Party Details


Ralph Colombo

San Juan Capistrano, CA 92675


Superior Court of Orange County

Hon. Linda S. Marks 700 Civic Center Drive West

Santa Ana, CA 92701

Interested Parties

Andrew J. Pyka

Kinkle Rodiger & Spriggs

Attorney/Law Firm Details

Interested Party Attorney

Robert T. Dolan

Attorney at Gaglione, Dolan & Kaplan a Professional Corp.

11400 W. Olympic Blvd., Ste. 425

Los Angeles, CA 90064-1561

Court Documents

Court documents are not available for this case.


Docket Entries

  • 06/16/2022
  • DocketDescription: Record shipped to records center; Notes: All documents scanned.

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  • 06/16/2022
  • DocketDescription: Case complete.

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  • 06/16/2022
  • DocketDescription: Remittitur issued.; Notes: Copy mailed to appellant.

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  • 06/16/2022
  • DocketDescription: Petition for review denied in Supreme Court.; Notes: Filed 6-15-22

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  • 05/06/2022
  • DocketDescription: Service copy of petition for review received.; Notes: by appellant Ralph Colombo. S274314

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  • 04/05/2022
  • DispositionDescription: Order dismissing petition; Disposition Type: Final

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  • 04/05/2022
  • DocketDescription: Dismissal order filed.; Notes: Petitioner Ralph Colombo is a vexatious litigant subject to a prefiling order. (See Code Civ. Proc., 391.7.)1 Vexatious litigants must obtain permission to file "new litigation" in propria persona from the "presiding justice or presiding judge" of the court in which it is proposed to be filed. Permission shall be granted only if the presiding justice or presiding judge determines that the proposed litigation has merit and is not being filed to harass or delay. ( 391.7, subd. (b).) The vexatious litigant must support the request to file new litigation by providing "facts and legal authority telling the court with specificity why [the proposed litigation] has merit." (In re R.H. (2009) 170 Cal.App.4th 678, 708, disapproved on other grounds in John v. Superior Court (2016) 63 Cal.4th 91.) An initial determination of "merit" under section 391.7, subdivision (b), does not mean the vexatious litigant will ultimately prevail. (Kobayashi v. Superior Court (2009) 175 Cal.App.4th 536, 541 [standard for assessing merit of proposed appeal is "'the simple showing of an arguable issue'"].) On March 30, 2022, petitioner submitted a request to file new litigation. The new litigation petitioner seeks to file is a "petition for clarification" of this court's opinion in case number G055823, which was filed on May 6, 2019. This court lacks jurisdiction to entertain a new action asking for clarification of a prior opinion. (Cal. Const., Art. VI, 10 [setting forth limited areas of law in which courts of appeal have original jurisdiction].) This is not properly considered a petition for writ of mandate, prohibition, or review, as there is no trial court order under consideration. The request to file the petition for clarification is DENIED. It does not appear that the proposed litigation has "merit." ( 391.7, subd. (b).) The clerk of this court is instructed to STRIKE the petition for clarification. ( 397.1, subd. (c).) This proceeding is DISMISSED. The fee waiver request filed by petitioner is DENIED as moot. 1 All statutory references are to the Code of Civil Procedure. O'LEARY, P. J. Order emailed and mailed by U.S. mail to petitioner.

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  • 04/05/2022
  • DocketDescription: Note:; Notes: Petition stricken per order 4-5-22.

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  • 03/30/2022
  • DocketDescription: Application for waiver of filing fee filed.; Notes: By Petitioner Ralph Colombo.Denied as moot per order 4-5-22.

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