#2 – Whitfield D. Payne v. Donald Alexander Wagner, et al. (BC670232)

Derick Payne was formally declared a vexatious litigant on February 17, 2009 in Court of Appeal cases B207780 (Payne v. County of Los Angeles) and B210356 (Payne v. Okorocha et al.), and again on April 20, 2009 by Comm. Walter H. Kubelun in Riverside County Superior Court family law case RID203422 (Reid v. Payne), which Judicial Council records erroneously show to be a Los Angeles County Superior Court case. Under those orders, Mr. Payne became subject to a CCP § 391.7 prefiling requirement by which he is required to get the permission of the presiding judge to file new litigation, which 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 to exercise this authority and responsibility. See CCP § 391.7(e).

In a March 14,