Merrill Adams v Maria Rocha

Case Name: Merrill Adams vs Maria Rocha et al.
Case No.: 20151CV287428

Defendant Maria Rocha has filed a motion to require the Plaintiff Merrill Adams (“Plaintiff”), a designated vexatious litigant, to post a bond pursuant to Code of Civil Procedure section 391.1. The Court finds that Plaintiff Merrill Adams has been determined to be a vexatious litigant by an order issued on April 21, 2016. The Court will not reconsider that order as Plaintiff seems to request. After weighing the evidence submitted by both parties as the Court is required to do, the Court finds that there is no reasonable probability that Plaintiff Merrill Adams will prevail in this action.

Defendant’s motion to require Plaintiff Merrill Adams to furnish a security pursuant to Code of Civil Procedure section 391.1 is GRANTED. Plaintiff is required to furnish, for the benefit of Defendant, security in the amount of $50,000 within 20 calendar days of written notice of entry of an order signed by the Court. The action is stayed until ten days after the required security is furnished, pursuant to Code of Civil Procedure section 391.3(a). In the event that Plaintiff fails to furnish such security, the complaint is required to be dismissed. (Code of Civ. Proc. sec. 391.4; See Singh v. Lipworth (2005) 132 Cal.App.4th 40, 44 (stating that “[a] vexatious litigant may be required to furnish security before proceeding with the pending litigation; if that security is not furnished, the litigation must be dismissed”).) Defendants may seek dismissal if the security ordered here is not provided.
Moving party shall prepare the order.

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