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Kovacevic v. Avalon at Eagles' Crossing Homeowners Ass'n, D055852

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By FindLaw Staff on October 27, 2010 12:08 PM

Dismissal of plaintiff's suit against her homeowners association and property management company for being a vexatious litigant

Kovacevic v. Avalon at Eagles' Crossing Homeowners Ass'n, D055852, concerned a challenge to the trial court's judgment dismissing an action without prejudice, in plaintiff's suit against a homeowners association, various directors of the association, and the property management company that manages the condominium complex in which plaintiff lives.


In affirming, the court held that, pursuant to the plain language of the statute, the trial court properly dismissed the litigation pursuant to section 391.7(c) as it is undisputed that plaintiff is a vexatious litigant subject to a 2002 prefiling order that precludes her from filing any new litigation in propria persona without first obtaining an order from the presiding judge permitting the filing, and it is further undisputed that plaintiff did not, at any time, obtain such an order.

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