Judge Won’t Rule Lawyer ‘Vexatious’

A Beverly Hills lawyer who critics say has been overly aggressive in bringing cases on his own behalf has won a ruling from a judge who denied a bid to declare him a “vexatious litigant.”

Superior Court Judge Robert L. Hess said lawyers for Hirsh’s adversaries had not supplied sufficient evidence to declare Hirsh vexatious and subject to court restrictions in filing future cases. The judge denied their motion without prejudice, which means that Hirsh’s opponents can refile it.

Gregory Pyfrom, a lawyer who represents a home inspector being sued by Hirsh, said he plans to submit additional evidence next week.

Pyfrom and attorneys for other defendants being sued by Hirsh declared in court papers that the Beverly Hills lawyer had been a party in more than 80 cases since 1982. Hirsh acknowledges that he has been involved in many suits, but disputes that figure.

Before Hirsh could be branded vexatious, his adversaries would have to show that he lost at least five cases in the last seven years in which he represented himself.

In a written ruling, Hess said evidence cited in four cases may qualify. But the judge said court records were unclear about whether Hirsh acted as his own attorney in seven other cases cited by his opponents.

The judge invited the lawyers to provide the documents that support their claim against Hirsh.

“This is not a bad decision,” Pyfrom said. “We believe we have enough information to satisfy our claims.”

Hirsh said Pyfrom and his attorneys are going to fail. “There is no evidence of any sort to support this ill-conceived motion,” he said.

Don Lemmer, an attorney for Hirsh, called the motion “a personal smear campaign against Mr. Hirsh that has absolutely nothing to do with the merits of the case.”