On January 10, 2020 a
Ruling 12/16/2020 - Ruling
was filed
involving a dispute between
Wilkins, Keenan,
and
Borromeo, B.,
Martin, D.,
Smith, K.,
for 08-CV Civil Rights - Civil Unlimited
in the District Court of Kern County.
Preview
Superior Court of California
County of Kern
Bakersfield Department 11
Date: 12/16/2020 BCV-20-100136
WILKINS VS SMITH
Courtroom Staff
Honorable: David R. Lampe Clerk: Veronica D. Lancaster
NATURE OF PROCEEDINGS: RULING ON DEFENDANTS' MOTION FOR AN ORDER DECLARING
PLAINTIFF A VEXATIOUS LITIGANT, REQUIRING PLAINTIFF TO POST SECURITY, AND FOR
ISSUANCE OF A PRE-FILING ORDER; HERETOFORE SUBMITTED ON DECEMBER16, 2020
RULING:
The Court grants Defendants' Motion for an Order Declaring Plaintiff a Vexatious Litigant, Requiring Plaintiff to
Post Security, and for Issuance of a Pre-Filing Order and hereby declares Plaintiff Keenan Wilkins a vexatious
litigant within the meaning of Code of Civil Procedure section 391(b)(1). Pursuant to the judicially noticeable
evidence presented by Defendants, the Court finds that Plaintiff has commenced, prosecuted, or maintained in
propria persona 16 actions in the seven years immediately preceding Defendants' motion that have been finally
and adversely determined against him. In light of the authority presented by Defendants, the Court also finds that
Plaintiff does not have a reasonable probability of prevailing in his present action. In the event Plaintiff chooses to
proceed with this action, he shall furnish security in the amount of $15,000 within 20 days of entry of this order
and prior to engaging in any further litigation in this case. (Code Civ. Proc., § 391.3(a).) Failure to pay this security
will result in dismissal. (Code Civ. Proc., § 391.4.)
The Plaintiff's request for continuance is denied. In light of the weight of the evidence and authority, a continuance
would be futile.
The Court hereby bars Plaintiff from filing any future litigation in any courts of this state in propria persona without
first obtaining leave of the presiding justice or presiding judge of the court where the litigation is proposed to be
filed. Disobedience of this order may be punished as a contempt of court. (Code Civ. Proc., § 391.7.)
The Court grants Defendants' request for judicial notice of the 16 cases referenced in their motion.
Defendants will prepare an order consistent with this ruling for the Court's signature and pursuant to California
Rules of Court, rule 3.1312.
Copy of minutes mailed to all parties as stated on the attached certificate of mailing.
FUTURE HEARINGS:
April 07, 2021 8:30 AM Case Management Conference
Lampe, David R.
Bakersfield Department 11
MINUTES
Page 1 of 2
WILKINS VS SMITH BCV-20-100136
MINUTES FINALIZED BY: Veronica Lancaster ON: 12/16/2020
WILKINS VS SMITH
BCV-20-100136
CERTIFICATE OF MAILING
The undersigned, of said Kern County, certify: That I am a Deputy Clerk of the Superior Court of the State of California,
in and for the County of Kern, that I am a citizen of the United States, over 18 years of age, I reside in or am employed in
the County of Kern, and not a party to the within action, that I served the Minutes dated December 16, 2020 attached
hereto on all interested parties and any respective counsel of record in the within action by depositing true copies thereof,
enclosed in a sealed envelope(s) with postage fully prepaid and placed for collection and mailing on this date, following
standard Court practices, in the United States mail at Bakersfield California addressed as indicated on the attached
mailing list.
Date of Mailing: December 16, 2020
Place of Mailing: Bakersfield, CA
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Tamarah Harber-Pickens
CLERK OF THE SUPERIOR COURT
Date: December 16, 2020
By: Veronica Lancaster
Veronica Lancaster, Deputy Clerk
MAILING LIST
KEENAN WILKINS STACIA L JOHNS
CALIFORNIA HEALTHCARE FACILITY PO BOX 944255
AN2387 SACRAMENTO CA 94244
PO BOX 32290
STOCKTON CA 95213
CALIFORNIA HEALTH CARE FACILITY
STOCKTON
ATTN LITIGATION COORDINATOR
PO BOX 32050
STOCKTON CA 95213
Certificate of Mailing
Page 2 of 2
Document Filed Date
December 16, 2020
Case Filing Date
January 10, 2020
Category
08-CV Civil Rights - Civil Unlimited
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Superior Court of California County of Kern Bakersfield Department 11 Date: 12/16/2020 BCV-20-100136 WILKINS VS SMITH Courtroom Staff Honorable: David R. Lampe Clerk: Veronica D. Lancaster NATURE OF PROCEEDINGS: RULING ON DEFENDANTS' MOTION FOR AN ORDER DECLARING PLAINTIFF A VEXATIOUS LITIGANT, REQUIRING PLAINTIFF TO POST SECURITY, AND FOR ISSUANCE OF A PRE-FILING ORDER; HERETOFORE SUBMITTED ON DECEMBER16, 2020 RULING: The Court grants Defendants' Motion for an Order Declaring Plaintiff a Vexatious Litigant, Requiring Plaintiff to Post Security, and for Issuance of a Pre-Filing Order and hereby declares Plaintiff Keenan Wilkins a vexatious litigant within the meaning of Code of Civil Procedure section 391(b)(1). Pursuant to the judicially noticeable evidence presented by Defendants, the Court finds that Plaintiff has commenced, prosecuted, or maintained in propria persona 16 actions in the seven years immediately preceding Defendants' motion that have been finally and adversely determined against him. In light of the authority presented by Defendants, the Court also finds that Plaintiff does not have a reasonable probability of prevailing in his present action. In the event Plaintiff chooses to proceed with this action, he shall furnish security in the amount of $15,000 within 20 days of entry of this order and prior to engaging in any further litigation in this case. (Code Civ. Proc., § 391.3(a).) Failure to pay this security will result in dismissal. (Code Civ. Proc., § 391.4.) The Plaintiff's request for continuance is denied. In light of the weight of the evidence and authority, a continuance would be futile. The Court hereby bars Plaintiff from filing any future litigation in any courts of this state in propria persona without first obtaining leave of the presiding justice or presiding judge of the court where the litigation is proposed to be filed. Disobedience of this order may be punished as a contempt of court. (Code Civ. Proc., § 391.7.) The Court grants Defendants' request for judicial notice of the 16 cases referenced in their motion. Defendants will prepare an order consistent with this ruling for the Court's signature and pursuant to California Rules of Court, rule 3.1312. Copy of minutes mailed to all parties as stated on the attached certificate of mailing. FUTURE HEARINGS: April 07, 2021 8:30 AM Case Management Conference Lampe, David R. Bakersfield Department 11 MINUTES Page 1 of 2 WILKINS VS SMITH BCV-20-100136 MINUTES FINALIZED BY: Veronica Lancaster ON: 12/16/2020 WILKINS VS SMITH BCV-20-100136 CERTIFICATE OF MAILING The undersigned, of said Kern County, certify: That I am a Deputy Clerk of the Superior Court of the State of California, in and for the County of Kern, that I am a citizen of the United States, over 18 years of age, I reside in or am employed in the County of Kern, and not a party to the within action, that I served the Minutes dated December 16, 2020 attached hereto on all interested parties and any respective counsel of record in the within action by depositing true copies thereof, enclosed in a sealed envelope(s) with postage fully prepaid and placed for collection and mailing on this date, following standard Court practices, in the United States mail at Bakersfield California addressed as indicated on the attached mailing list. Date of Mailing: December 16, 2020 Place of Mailing: Bakersfield, CA I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Tamarah Harber-Pickens CLERK OF THE SUPERIOR COURT Date: December 16, 2020 By: Veronica Lancaster Veronica Lancaster, Deputy Clerk MAILING LIST KEENAN WILKINS STACIA L JOHNS CALIFORNIA HEALTHCARE FACILITY PO BOX 944255 AN2387 SACRAMENTO CA 94244 PO BOX 32290 STOCKTON CA 95213 CALIFORNIA HEALTH CARE FACILITY STOCKTON ATTN LITIGATION COORDINATOR PO BOX 32050 STOCKTON CA 95213 Certificate of Mailing Page 2 of 2