![]() ![]() Moses Shemtov filed a motion to transfer the action from Orange County Superior Court to Los Angeles County Superior Court, which was granted by the trial court.669-670.) A summary denial of such a writ petition therefore cannot constitute a final determination of litigation within the meaning of section 391, subdivision (b)(1). Howard (1992) 3 Cal.4th 888, the Supreme Court stated: "`When the court denies a writ petition without issuing an alternative writ, it does not take jurisdiction over the case it does not give the legal issue full plenary review.' " ( Leone v. 670.) As to the former type of writ petition, quoting Kowis v. ![]() Medical Board (2000) 22 Cal.4th 660, 669, the California Supreme Court explained, "a summary denial of a writ petition on a pretrial issue does not establish the law of the case." The Supreme Court distinguished "writ petitions challenging pretrial superior court rulings that could also be reviewed on appeal from the judgment ultimately entered in the action" from "situations in which a writ petition was the only authorized mode of appellate review." ( Id. The vexatious litigant statutes, however, have been upheld as constitutional. ![]()
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