Wilson v. Leigh Law Group, P.C,

Background

On June 23, 2020, Mount Diablo Unified School District filed a motion asking the court to deem Michael Geary Wilson a vexatious litigant and order him to post security. After no opposition was filed by the original deadline, the court treated the motion as submitted on the moving papers. Wilson later requested additional time, and the court extended the deadline to August 10, 2020. No opposition was filed by that date, and Mount Diablo filed a reply noting Wilson’s failure to respond.

On August 17, 2020, Wilson filed a document titled “Second Notice of Opposition” and requested another extension. He argued that the court had “lost jurisdiction” to decide Mount Diablo’s motion because the court had dismissed the action on July 14, 2020. He also asked for 28 days to respond if the court later regained jurisdiction.

Court’s Analysis

The court rejected Wilson’s argument that it lacked jurisdiction. Citing federal appellate decisions, the court explained that a district court retains authority to resolve collateral matters, including a vexatious-litigant motion, after the underlying action has been dismissed or appealed. The court also stated that Wilson’s other legal matters, including seven other appeals or petitions, did not relieve him of complying with the deadlines in this case.

Disposition

The court gave Wilson one further opportunity to oppose Mount Diablo’s motion and extended the deadline to October 9, 2020. The court advised that it would consider recent rulings and events identified by Mount Diablo, including recent dismissals in two other cases involving Wilson. This order did not decide the motion to deem Wilson a vexatious litigant.