RANDALL PITTMAN, Plaintiff and Appellant, v. BECK PARK APARTMENTS LTD. et al., Defendants and Respondents., 20 Cal. App. 5th 1009

Summary

HOLDINGS: [1]-A motion to vacate a Code Civ. Proc., § 391.7, vexatious litigant order challenged the order as void on its face under Code Civ. Proc., § 473, subd. (d), and thus was not untimely to the extent that the facts supporting an alleged jurisdictional defect were ascertainable by looking solely at the record; [2]-A voluntary dismissal pursuant to Code Civ. Proc., § 581, did not deprive the trial court of jurisdiction to rule on the pending vexatious litigant motion; [3]-A contention that the order was void based on extrinsic fraud could not be resolved only by examining the record and was untimely; [4]-Absent evidence in the record establishing a meritorious defense, the trial court did not abuse its discretion in declining to vacate the order on equitable grounds as resulting from extrinsic fraud or mistake; [5]-An argument about reconsideration was not preserved for review.