MyECheck Inc (fka MYEC)

[PhenixBleu]

Look for the Tentative Ruling for Maciora's "Order to Show Cause RE Dismissal for Lack of Capacity and Standing" on Monday, July 2. They typically appear around 1:00-2:00 p.m. PST.

https://services.saccourt.ca.gov/PublicCaseAccess/Civil/TentativeRulingSearchByDepartment

Use July 3 as the date and Department 54.

This is the Motion in which Maciora admits filing for a new business license in Wyoming and California using MEC's former name MyECheck. He focuses on perceived missteps by Ed and uses those perceptions as justification for his actions. As I read Maciora's filings related to this Motion, I see the same adolescent level of retaliation, mirroring, hostility, and power tripping I've seen in all of his court cases.

He informed the Court that his new business named MyECheck will be operational this fall. In light of this maneuvering, read the definition of Vexatious Litigation.

Vexatious litigation is legal action which is brought, regardless of its merits, solely to harass or subdue an adversary. It may take the form of a primary frivolous lawsuit or may be the repetitive, burdensome, and unwarranted filing of meritless motions in a matter which is otherwise a meritorious cause of action.

From Vexatious Litigants: The Legal Bully:

Vexatious litigants are those who engage in legal proceedings without having a legitimate claim. These litigants use the judicial process to annoy, embarrass, harass or inflict legal expenses on others.

California enacted the “vexatious litigant statute” to address the problem of the persistent litigant who had a number of groundless actions. The first type of vexatious litigant is any person who, during the seven year period immediately preceding the action, has commenced or maintained in pro per at least five litigations (other than in small claims court) which have been finally determined against him or have remained pending at least two years without being brought to trial. (C.C.P. § 391(b)(1).) In pro per means any person who files a lawsuit on his or her own behalf, without an attorney’s assistance. The second type of vexatious litigant is a person who, after a litigation has been finally determined against him, repeatedly re-litigates in pro per against the same defendant. (C.C.P. § 391(b)(2).)

In 3.5 years, he has filed four. One to go...

Maciora v Signature
Maciora v PMB February
Maciora v Cowan et al
Maciora v MEC