2012-00600959

1. Defendant Lang Roofing’s Motion for Order Requiring Vexatious Litigants to Post Security

The court is inclined to GRANT the motion by Lang Roofing, Inc. (“Lang”) for an order requiring vexatious litigants and plaintiffs Arther Masaoka and Amy Harcholl to post security. See Code Civ. Proc. §391.1.

Both Mr. Masaoka and Ms. Harchol have been classified as vexatious litigants by the Administrative Office of the Courts of the State of California. There does not appear to be a reasonable probability that plaintiffs will prevail in this action.

The declaration of Steven Lang indicates that Lang was hired by the management company at the property, and that he never communicated with plaintiffs. (See Lang Decl., ¶¶3, 4, 6.) The contract proposal attached to his contract is between Lang and Seabreeze Management Company. (Id., Ex. 1.) Plaintiffs are not mentioned in said contract. As such, it does not appear that Lang had any duty to warn plaintiff of any conditions at the property. Moreover, Mr. Lang’s declaration indicates that Lang performed no remedial work at the property prior to February 2011, which is after plaintiffs had moved out. (Id., ¶¶3-5.)

Counsel for Lang is ordered to provide a supplemental declaration adequately documenting the amount of the proposed security.

Moving defendant is ordered to give notice.

There is also a conundrum about the Proof of Service, purportedly by Mimi Chou, but whose address of the POS does not correlate to her,

2. Defendant Academy Roof’s Joinder

#2 taken off calendar by moving party