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Heimer v. Venegas11/21/2002
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
Marjorie M. Heimer appeals, in propria persona, from the judgment and post-judgment order of the trial court resolving the actions she brought against Richard Venegas and George W. Bush, and declaring her to be a vexatious litigant. (Code Civ. Proc., ยง 391, subd. (b)(3).) We affirm.
Factual and Procedural Background
During the months of January, February, and March of 2000, Heimer stayed periodically as a guest at a homeless shelter in Santa Barbara. In March of 2000, Venegas, the night manager of the shelter, asked her to leave the shelter due to reports that he had received from the staff indicating that she was disruptive and exhibited threatening behavior toward other guests. Heimer was allowed to continue eating meals at the shelter, however.
In December of 2000, in Case No. 1037549, Heimer filed a complaint against Venegas on a judicial council form, seeking damages for wrongful death, personal injury , property damage, and "other damages." The complaint did not allege who died or what relationship, if any, she had to the allegedly deceased person, or explain what property damage or other damage she had suffered. She alleged without specificity that Venegas is involved in a cult described as the "Lumanate" and this caused her damage. Numerous exhibits were attached to her complaint which do not appear relevant to her allegations against Venegas.
In June of 2001, in Case No. 1043792, Heimer filed a complaint against United States President George W. Bush, in which she alleged that President Bush is also a member of the "Lumanate cult." This action was consolidated with the above lawsuit.
On October 31, 2001, the trial court conducted a trial of both actions. Following Heimer's presentation of her evidence, the court granted the motion made by Venegas for judgment in Case No. 1037549, pursuant to section 631.8 or 581, subdivision (c). The court then dismissed Heimer's action in Case No. 1043792 against President Bush because service of process had not been effected. The court also determined, on its own motion, pursuant to section 391, subdivision (b)(2) that Heimer was a vexatious litigant. Accordingly, the court entered a prefiling order, pursuant to section 391.7, prohibiting Heimer "from filing any new litigation against George W. Bush . . . or Richard Venegas in the courts of this state in propria persona without first obtaining leave of the Presiding Judge of the court where the litigation is proposed to be filed." Judgment was entered November 29, 2001.
On November 28, 2001, Heimer filed, in propria persona, a motion entitled "Omnibus Motion for Reversal of Desision , Request for Grand Jury, Supoena of Witnesses, Order for Justice Dept., with enclosed documents and exhibits." Heimer requested that the court reconsider its judgment and its order declaring her a vexatious litigant. Venegas opposed the motion, arguing that it was untimely under section 1008, and requesting that the trial court declare her a vexatious litigant under section 391, subdivision (b)(3).
On December 11, 2001, the trial court denied Heimer's motion and declared her a vexatious litigant under section 391, subdivision (b)(3), as to both Venegas and President Bush.
Thereafter, on December 20, 2001, Heimer filed a notice of appeal entitled "Notice of Appeal and Motion for Order of Instanter T
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