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Fink v. Shemtov (Cal. Ct. App. - Jan. 5, 2010)

By Shaun Martin

Let me give you some help:

Suggestion One: When you've been declared a vexatious litigant, don't represent yourself when you challenge that finding on appeal. That's what got you into trouble in the first place.

(2) When and if you disregard Suggestion One, when you file the appeal, leave out the vitriol and personal attacks on the trial judge. That's, again, likely what got you into trouble in the first place. And even if it didn't, it definitely won't help. As we might say in an analogous context, being a nutjob doesn't help when you're arguing that you're not a nutjob. And you can tell you've gone to far when Justice Fybel not only affirms the order declaring you a vexatious litigant, but ends this opinion with: "Finally, we must once more admonish Fink about several unacceptable statements, contained in his opening brief and in the record, personally attacking the trial judge in this case. His personal attacks are inexcusable."

All of this would have been helpful to David Fink. Who won't be filing nearly as many actions in Orange County anytime soon.

(And yes, I know, I know. Saying all of this is just setting myself up for the inevitable stream of crank e-mails I receive from the parties at hand. Oh well. That's why the Good Lord created the Junk Mail folder.)

Full post as published by California Appellate Report on January 05, 2010 (boomark / email).