Private Attorney General Statute: Inadequate Record And Failure To Prevail Dooms Vexatious Litigant’s Appeal

 

     Plaintiff, a vexatious litigant, appealed a trial court’s denial of his fee request under CCP § 1021.5, California’s attorney general statute, after he lost a bid to overturn a Nevada judgment on the grounds it was fraudulently procured.

     Plaintiff lost his appeal of the fee denial in Missud v. D.R. Horton, Inc., Case No. A135531 (1st Dist., Div. 3 Nov. 27, 2012) (unpublished) on two grounds: (1) failure to provide an adequate record (no moving fee papers were provided to the appellate court); and (2) failure to prevail in the action. Fee denial affirmed.