2016-00194092-CU-BC

Michael Brinsley vs. Kathleen Mountjoy-Brinsley

Nature of Proceeding: Motion for Sanctions

Filed By: Mountjoy, Kathleen

Defendant Kathleen Mountjoy-Brinsley’s (Defendant) motion for a dismissal and monetary sanctions pursuant to CCP § 128.7 is UNOPPOSED but is DENIED.

Plaintiff Michael Brinsley (Plaintiff) and Defendant are in a divorce proceeding. Plaintiff filed this pro per civil action for breach of contract and fraud in 2016. In his Judicial Council form complaint, Plaintiff alleges that Defendant became contractually indebted to him before the two were married, but she failed to pay the debts. He also alleges that Defendant defrauded him into removing his name from title to community real property.

Defendant retained an attorney and successfully moved to quash service of summons in August 2016. There is no proof that Plaintiff served Defendant with summons thereafter.

In May 2017, Defendant filed notice that she was substituting into the case as her own attorney.

In July 2018, Plaintiff filed a voluntary request for dismissal, but the civil filing clerk rejected the document because Plaintiff failed to indicate whether the request was to dismiss the action, the complaint, or something else.

Defendant filed this motion in August 2018. She argues that Plaintiff only filed this case to destroy her and ruin her legal career. To support her position that the complaint is frivolous and was only filed to harass her, she argues that causes of action are barred by statutes of limitations and the statute of frauds. She also argues that Plaintiff is attempting to relitigate issues decided in the divorce proceeding, and that Plaintiff failed to plead fraud with specificity. Finally, Defendant argues that Plaintiff’s causes of action lack evidentiary support.

The evidence and arguments do not support a finding that Plaintiff filed the complaint primarily for an improper purpose, that the legal claims are unwarranted, or that the claims lack evidentiary support. As a result, the motion is denied.

The minute order is effective immediately. No formal order pursuant to CRC 3.1312 or further notice is required.