#1 – Moris Sakhai v. Tsendeekhuu Ganbaatar (17STLC03112)

On November 15, 2016, Judge William Fahey formally declared Moris Sakhai a vexatious litigant in Los Angeles Superior Court case BC575257 Sakhai v. Rusnak/West, et al. Under this order, Mr. Sakhai became subject to a CCP § 391.7 prefiling requirement that requires him to get the permission of the presiding judge to file new litigation. Permission is granted only if it appears the litigation has merit and is not being filed for purposes of harassment or delay. (CCP § 391.7(b).) In Los Angeles Superior Court, the presiding judge has designated the supervising judge of the civil division (who sits in Dept. 1) to exercise this authority and responsibility. (See CCP § 391.7(e).)

On October 18, 2017, the clerk of court inadvertently filed vexatious litigant Moris Sakhai’s complaint against Tsendeekhuu Ganbaatar in 17STLC03112 without prior approval from Department 1. (CCP § 391.7.)

“If the clerk mistakenly files the litigation witho