Ortiz v. Brito CA4/3
Jo Ortiz sued Omar Brito and Thrifty Payless, Inc. (collectively Thrifty), for false advertising. Thrifty answered the complaint and filed a vexatious litigant motion. The court granted the motion, declared Ortiz a vexatious litigant, and ordered her to post a bond of $10,000 within 30 days. The court also entered a prefiling order requiring Ortiz to obtain permission to file future lawsuits in propria persona. Ortiz was served with a notice of ruling on December 2, 2015. She failed to post a bond. In March 2016, Thrifty moved to dismiss based on the lack of a bond. Ortiz opposed solely on the ground the court lacked jurisdiction, making the following misguided argument: “For the court to have jurisdiction/power to act, the defendants must first be served with process: summons and complaint, and thereafter, appear legally.
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