Case Number: 17STLC03112 Hearing Date: September 19, 2019 Dept: 1

#1 – Moris Sakhai v. Tsendeekhuu Ganbaatar (17STLC03112)

On November 15,
2016, Judge William Fahey formally declared Moris Sakhai a vexatious litigant
in Los Angeles Superior Court case BC575257 Sakhai
v. Rusnak/West, et al. Under this order, Mr. Sakhai became subject to a CCP
§ 391.7 prefiling requirement that requires him to get the permission of the
presiding judge to file new litigation. Permission is granted only if it
appears the litigation has merit and is not being filed for purposes of
harassment or delay. (CCP § 391.7(b).) In Los Angeles Superior Court, the
presiding judge has designated the supervising judge of the civil division (who
sits in Dept. 1) to exercise this authority and responsibility. (See CCP §
391.7(e).)

On October 18,
2017, the clerk of court inadvertently filed vexatious litigant Moris Sakhai’s
complaint against Tsendeekhuu Ganbaatar in 17STLC03112 without prior approval
from Department 1. (CCP § 391.7.)

“If the clerk
mistakenly files the litigation without the order, . . . the presiding justice
or presiding judge may direct the clerk to file and serve, on the plaintiff and
other parties a notice stating that the plaintiff is a vexatious litigant
subject to a prefiling order as set forth in subdivision (a). The filing of the
notice shall automatically stay the litigation. The litigation shall be
automatically dismissed unless the plaintiff within 10 days of the filing of
that notice obtains an order from the presiding justice or presiding judge
permitting the filing of the litigation as set forth in subdivision (b). If the
presiding justice or presiding judge issues an order permitting the filing, the
stay of the litigation shall remain in effect, and the defendants need not plead,
until 10 days after the defendants are served with a copy of the order.” (CCP §
391.7(c).) The presiding judge has designated the supervising judge of the
civil division to exercise this authority and responsibility. (See CCP §
391.7(e).)

On August 29,
2019, the clerk filed and served Department 1’s August 29, 2019 order in
17STLC03112 which provided notice pursuant to CCP § 391.7(c) that Moris Sakhai
is a vexatious litigant subject to a prefiling order. To avoid automatic
dismissal, Mr. Sakhai was required to obtain an order permitting the filing of
his complaint in 17STLC03112 no later than September 13, 2019. (CCP §§
391.7(c); 1013.) Mr. Sakhai failed to seek or obtain permission from Department
1 by this deadline.

On September 17,
2019, Department 1 received Mr. Sakhai’s untimely request for an order permitting
his filing in 17STLC03112. (CCP § 391.7(c).) Even if the court were to consider
the untimely submission, it was not accompanied by any supporting evidence
establishing that the complaint has merit and is not being filed for purposes
of harassment or delay as required by CCP § 391.7.

Accordingly, Los
Angeles Superior Court case 17STLC03112 is hereby DISMISSED WITHOUT PREJUDICE
pursuant to CCP § 391.7(c).