Packwood v. Contra Costa Children and Family Services (CFS)

CourtDistrict Court, N.D. California
DecidedApril 7, 2023
Docket3:22-cv-02741
StatusUnknown

This text of Packwood v. Contra Costa Children and Family Services (CFS) (Packwood v. Contra Costa Children and Family Services (CFS)) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Packwood v. Contra Costa Children and Family Services (CFS), (N.D. Cal. 2023).

Opinion

1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 TAYLOR PACKWOOD and ANDREA Case No. 22-cv-02741-MMC WOOD, 8 ORDER GRANTING COUNTY Plaintiffs, DEFENDANTS' REQUEST TO FIND 9 PLAINTIFF ANDREA WOOD A v. VEXATIOUS LITIGANT; DENYING 10 WITHOUT PREJUDICE REQUEST TO COUNTY OF CONTRA COSTA, et al., FIND PLAINTIFF TAYLOR 11 PACKWOOD A VEXATIOUS Defendants. LITIGANT 12 13 Defendants County of Contra Costa ("County"), Contra Costa Children and Family 14 Services ("CFS"), Contra Costa County Office of the Sheriff ("Office of the Sheriff"), David 15 Livingston ("Sheriff Livingston"), Kellie Case ("Case"), Edyth Williams ("Williams"), 16 Cecelia Gutierrez ("Gutierrez"), and Acadia Chidi ("Chidi") (collectively, "County 17 Defendants") have filed a "Motion to Dismiss the First Amended Complaint and Request 18 to Declare Plaintiffs Vexatious Litigants." By separate order filed concurrently herewith, 19 the Court has granted in part and denied in part the motion to dismiss. In the instant 20 order, the Court rules on County Defendants' request for an order declaring plaintiffs 21 Taylor Packwood ("Packwood") and Andrea Wood ("Wood") vexatious, which request 22 has been joined by defendants Erica Bains and Ravinder Bains (collectively, "the Bains"). 23 LEGAL STANDARD 24 A district court has "inherent power to enter pre-filing orders against vexatious 25 litigants." See Molski v. Evergreen Dynasty Corp., 500 F.3d 1047, 1057 (9th Cir. 2007). 26 Before a district court may issue an order finding a litigant vexatious and imposing pre- 27 filing restrictions, however, the court must (1) provide the litigant "with adequate notice 1 and motions that led the district court to conclude that a vexatious litigant order [is] 2 needed," (3) "make substantive findings as to the frivolous and harassing nature of the 3 litigant's actions," and (4) "narrowly tailor[ ]" the order "to closely fit the specific vice 4 encountered." See De Long v. Hennessey, 912 F.2d 1144, 1447-48 (9th Cir. 1990) 5 (internal quotation and citation omitted). 6 DISCUSSION 7 In 2017, the County instituted in the Superior Court of California, in and for the 8 County of Contra Costa, child dependency proceedings pertaining to Wood's three minor 9 children.1 County Defendants argue that plaintiffs are vexatious litigants, Wood's having 10 instituted against the County and its employees a number of actions challenging the 11 removal of the children from Wood's home as well as the ensuing state court 12 proceedings, with Packwood joining as a plaintiff in several of those actions. The Bains, 13 who were neighbors of Wood at the time the dependency proceedings were instituted 14 and who were foster parents to at least one of Wood's children for some period of time, 15 have also been named as defendants in the majority of those lawsuits. 16 The Court addresses in turn below the showing made as to each of the claimed 17 vexatious litigants, starting with Packwood. 18 A. Packwood 19 As set forth below, Wood has filed ten civil actions in this district. Of those actions, 20 three have included claims asserted on behalf of Packwood, Wood's eldest son. In two 21 of those actions, discussed in more detail below, Packwood's claims were dismissed 22 without prejudice, as he had not reached the age of majority when those lawsuits were 23 pending and he did not appear through counsel. The third action is the instant case, in 24 which the Court has found Packwood, having reached the age of majority, has, at the 25 pleading stage, stated a viable Fourth Amendment claim against two County employees. 26

27 1 Packwood, the oldest of the three children, was a minor in 2017 and has now 1 Under such circumstances, the Court finds Packwood has not engaged in the type of 2 frivolous or harassing conduct against either County Defendants or the Bains, that could 3 support issuance of vexatious litigant order. 4 Accordingly, to the extent County Defendants request the Court issue an order 5 finding Packwood a vexatious litigant, the request will be denied without prejudice to 6 renewal if circumstances change. 7 B. Wood 8 1. Notice 9 County Defendants' motion to dismiss, which, as noted, includes a request that the 10 Court find Wood to be a vexatious litigant, provides ample notice to Wood of the specific 11 civil actions on which they base their request. Further, Wood has been afforded the 12 opportunity to respond to the motion, and she has done so. (See Doc. No. 56.) 13 In addition to the notice provided by County Defendants in the instant case, the 14 Court has provided Wood with notice, in two prior cases she has filed, that filing frivolous 15 or harassing litigation may result in a finding that she is a vexatious litigant. 16 First, in a prior case instituted by Wood in 2019, the Court, by order filed October 17 15, 2019, addressed separate requests filed, respectively, by County Defendants and 18 Mary P. Carey ("Carey"), an attorney who represented Woods in the dependency 19 proceeding, both requests seeking an order finding Wood a vexatious litigant. (See 20 Wood v County of Contra Costa, et al., Civil Case No. 19-4266 MMC, Doc. No. 57.) In 21 said order, the Court found Wood, as of the date of said order, had filed in this district five 22 actions challenging the County's removal of Wood's children and the manner in which the 23 subsequent state court dependency proceedings had been conducted. As the Court 24 explained, two of those five actions had been dismissed as of October 15, 2019, and, 25 although those two dismissed actions were wholly without merit, the remaining three 26 actions were pending before other district judges and without a decision as to the viability 27 of Wood's claims made therein. Under such circumstances, the Court found an 1 denied the requests without prejudice to renewal if circumstances changed, thereby 2 providing notice to Wood that if she continued to file meritless actions pertaining to the 3 removal and the dependency proceedings, the Court might well grant a renewed request 4 that she be deemed a vexatious litigant. 5 More recently, in a case filed by Wood in 2021, the Court, by order filed October 6, 6 2021, granted a renewed request by Carey to declare Wood a vexatious litigant, in light 7 of Carey's showing that, by that date, Wood had filed, in addition to the two dismissed 8 actions that the Court previously found to be wholly without merit, two other actions that 9 included, as against Carey, wholly meritless claims that were based on the same set of 10 facts as the two previously dismissed actions, namely, challenges to the manner in which 11 Carey had represented Wood in the dependency proceedings. (See Wood, et al. v. 12 County of Contra Costa, et al., Civil Case No. 21-611 MMC, Doc. No. 70.) In accordance 13 with its determination that Wood was a vexatious litigant, the Court imposed a pre-filing 14 requirement, specifically, an order prohibiting Wood from filing any additional action 15 against Carey predicated on Carey's representation of Wood in the dependency 16 proceedings, without first obtaining permission to do so from the duty judge of this 17 District.2 Said order provided notice to Wood that, if she filed additional meritless cases 18 against other defendants, the Court might well grant a renewed request made by those 19 parties that she be declared a vexatious litigant as to claims asserted against them as 20 well. 21 2. Summary of Wood's Civil Actions 22 The Court next summarizes the civil actions on which County Defendants rely, 23 specifically, ten cases Wood has filed in this district. 24 The first-filed case in this district was Wood v.

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Related

Neitzke v. Williams
490 U.S. 319 (Supreme Court, 1989)
Molski v. Evergreen Dynasty Corp.
500 F.3d 1047 (Ninth Circuit, 2007)
Justin Ringgold-Lockhart v. County of Los Angeles
761 F.3d 1057 (Ninth Circuit, 2014)
De Long v. Hennessey
912 F.2d 1144 (Ninth Circuit, 1990)

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Bluebook (online)
Packwood v. Contra Costa Children and Family Services (CFS), Counsel Stack Legal Research, https://law.counselstack.com/opinion/packwood-v-contra-costa-children-and-family-services-cfs-cand-2023.