City trying to declare serial filer as a 'vexatious litigant'

David Yates Aug. 24, 2010, 4:22am

Hoping to put an end to Amy Modica's litigation spree, the city of Beaumont recently filed a motion to declare the Beaumont woman a "vexatious litigant."

Modica, who, while acting as her own attorney, has filed 19 lawsuits in Jefferson County courts in two years, sued the city in June alleging Beaumont police Lt. Bowls harassed her by asking for custody paperwork.

Court papers show Bowls was responding to a 911 call over an altercation between Modica's mother and daughter.

Two weeks ago, Modica filed a second complaint against the city, this time alleging Bowls hypnotized her and killed 14 people.

Modica also has pending suits in other courts against Jefferson County Judge Ronald Walker, President Barack Obama and the U.S. Department of Housing and Urban Development. All of the suits allege the defendants psychologically abused her in some manner.

Apparently weary of the litigious onslaught, the city filed a motion to declare Modica a vexatious litigant on Aug. 18. A vexatious litigant is a repeat filer of civil actions shown to have been instituted maliciously and without probable cause.

In its motion, the city argues that seven of Modica's past 19 suits have already been dismissed and there is no likelihood she will prove her action.

"Accordingly, the city of Beaumont prays the court declare Modica to be a vexatious litigant," the motion states. "Defendant further prays that the court dismiss this suit."

Assistant City Attorney Quentin Price is handling the Modica case for the city.

A hearing on the matter has been slated for Aug. 27 in Judge Gary Sanderson's 60th District Court.

If the judge declares Modica a vexatious litigant, she could be banned from filing additional lawsuits against the city.

Case No. B187-073

More News