Michael R. Wood, Individually & D/B/A Nat'l Photo Servs. v. Santa Barbara Chamber of Com., Inc., 699 F.2d 484 (9th Cir. 1983). · Go Syfert
Michael R. Wood, Individually & D/B/A Nat'l Photo Servs. v. Santa Barbara Chamber of Com., Inc., 699 F.2d 484 (9th Cir. 1983). Cases Citing This Book View Copy Cite
26 citation events (4 in the last 25 years) across 5 distinct courts.
Strongest positive: Hart v. McDermott (wawd, 2023-10-30)
Treatment trajectory · 1983 → 2026 · click a year to view as-of
1983 2004 2026
Top citers, strongest first. 18 distinct citers. How cited ↗
discussed Cited as authority (rule) Hart v. McDermott
W.D. Wash. · 2023 · confidence medium
Wood v. Santa Barbara Chamber of Com., Inc, 699 F.2d 484, 485-86 (9th Cir. 1983) 2 (cert. denied), 465 U.S. 1080 (1984). 3 Washington law similarly permits a court to award attorneys’ fees to a party asserting 4 frivolous claims without reasonable cause.
discussed Cited as authority (rule) Poll v. Paulson
10th Cir. · 2007 · confidence medium
Under these circumstances, we hold that Mr. Poll’s attorney has manifested either an intentional or, at the least, a reckless disregard of his duties to the court, see Braley, 832 F.2d at 1512, and that Mr. Poll has caused unnecessary expenditure of both the time and the resources of defendants and this court, see Wood v. Santa Barbara Chamber of Commerce, Inc., 699 F.2d 484, 485 (9th Cir.1983). 2 We therefore impose sanctions of $4,041.70 jointly and severally against both Mr. Poll and his attorney payable directly to defendants through their attorney of record in this appeal.
cited Cited as authority (rule) Mitchell ex rel. bankruptcy estate of Stein v. Burt Vetterlein & Bushnell PC
9th Cir. · 1999 · signal: cf. · confidence medium
See Hyde & Drath v. Baker, 24 F.3d 1162, 1172-73 (9th Cir. 1994); cf. Wood v. Santa Barbara Chamber of Commerce, Inc. 699 F.2d 484, 485-6 (9th Cir. 1983).
discussed Cited as authority (rule) In Re Massoud Vasseli, Susan A. Vasseli. Massoud Vasseli, Susan A. Vasseli v. Wells Fargo Bank, National Association
9th Cir. · 1993 · confidence medium
In re American President Lines, Inc., 779 F.2d 714, 717 (D.C.Cir.1985); see also, Malhiot v. Southern Cal. Retail Clerks Union, 735 F.2d 1133, 1137 (9th Cir.1984), cert. denied sub nom., Jampol v. Southern Cal. Retail Clerks Union, 469 U.S. 1189 , 105 S.Ct. 959 , 83 L.Ed.2d 965 (1985); Wood v. Santa Barbara Chamber of Commerce, Inc., 699 F.2d 484, 485 (9th Cir.1983), cert. denied, 465 U.S. 1080 , 104 S.Ct. 1445 , 79 L.Ed.2d 765 (1984). *354 Under Rule 38 any fee request for attorney’s fees incurred by a prevailing party must be made to the appellate court.
cited Cited as authority (rule) McGee v. County of Los Angeles
9th Cir. · 1992 · confidence medium
McConnell v. Critchlow, 661 F.2d 116, 118 (9th Cir.1981); 28 U.S.C. § 1927 ; Wood v. Santa Barbara Chamber of Commerce, Inc., 699 F.2d 484, 485-86 (9th Cir.1983), cert. denied, 465 U.S. 1080 (1984).
discussed Cited as authority (rule) Sheet Metal Workers International Association, Local No. 162, an Unincorporated Association v. Jason Manufacturing, Inc.
9th Cir. · 1990 · confidence medium
“Appellate courts have discretion to award damages, attorney’s fees, and single or double costs as a sanction for bringing a frivolous appeal.” Glanzman v. Uniroyal, Inc., 892 F.2d 58, 61 (9th Cir.1989); Fed.R.Civ.P. 38; 28 U.S.C. § 1912 (1987); Wood v. Santa Barbara Chamber of Commerce, Inc., 699 F.2d 484, 485 (9th Cir.1983), cert. denied, 465 U.S. 1080 , 104 S.Ct. 1445 , 79 L.Ed.2d 765 (1984).
discussed Cited as authority (rule) George J. Malhiot, and Marjorie M. Malhiot v. Southern California Retail Clerks Union and Drug Employer Pension and Trust Fund (2×)
9th Cir. · 1984 · confidence medium
Wood v. Santa Barbara Chamber of Commerce, Inc., 699 F.2d 484, 485 (9th Cir.1983).
discussed Cited as authority (rule) Samuelu Masalosalo, a Minor, by Paepae Masalosalo, His Mother and Guardian Ad Litem, and Paepae Masalosalo v. Stonewall Insurance Company (2×)
9th Cir. · 1983 · confidence medium
Wood v. Santa Barbara Chamber of Commerce, Inc., 699 F.2d 484, 485 (9th Cir.1983).
discussed Cited "see" Feick v. Brutsche Family Revocable Trust
W.D. Wash. · 2025 · signal: see · confidence high
Even though courts have sanctioned pro 21 se litigants, it is because the litigant “continually mov[ed] for alterations in the district court’s 22 original judgment despite [the] court’s clear unwillingness to change its mind” and “evidenced 23 bad faith in multiplying the proceedings in [the] case unreasonably and vexatiously.” Wages v. 24 I.R.S., 915 F.2d 1230, 1235 (9th Cir. 1990) (internal quotation omitted); see Wood v. Santa 1 Barbara Chamber of Com., Inc., 699 F.2d 484, 485 (9th Cir. 1983) (imposing Section 1927 and 2 Rule 11 sanctions on a pro se plaintiff who filed “friv…
discussed Cited "see" Bell v. City of Kellogg
9th Cir. · 1991 · signal: see · confidence high
See Wood v. Santa Barbara Chamber of Commerce, Inc., 699 F.2d 484, 485-86 (9th Cir.1983) (awarding fees against a pro se plaintiff), cert. denied, 465 U.S. 1080 , 104 S.Ct. 1445 , 79 L.Ed.2d 765 (1984).
discussed Cited "see" Bell v. City of Kellogg
9th Cir. · 1991 · signal: see · confidence high
See Wood v. Santa Barbara Chamber of Commerce, Inc., 699 F.2d 484, 485-86 (9th Cir.1983) (awarding fees against a pro se plaintiff), cert. denied, 465 U.S. 1080 , 104 S.Ct. 1445 , 79 L.Ed.2d 765 (1984).
cited Cited "see" Wsm, Incorporated v. Tennessee Sales Company, a General Partnership Comprising Bob Beasley and Nathan Davis
6th Cir. · 1983 · signal: see · confidence high
See Wood v. Santa Barbara Chamber of Commerce, 699 F.2d 484 (9th Cir.1983).
cited Cited "see, e.g." Sassower v. Field
S.D.N.Y. · 1991 · signal: see, e.g. · confidence medium
See, e.g., Woods v. Santa Barbara Chamber of Commerce, Inc., 699 F.2d 484, 485-86 (9th Cir.1983) (cert. denied), 465 U.S. 1080 , 104 S.Ct. 1445 , 79 L.Ed.2d 765 (1984).
cited Cited "see, e.g." Wages v. Internal Revenue Service
9th Cir. · 1990 · signal: see, e.g. · confidence medium
See, e.g., Wood v. Santa Barbara Chamber of Commerce, Inc., 699 F.2d 484, 485-86 (9th Cir.1983) (cert. denied), 465 U.S. 1080 , 104 S.Ct. 1445 , 79 L.Ed.2d 765 (1984).
cited Cited "see, e.g." Glanzman v. Uniroyal, Inc.
9th Cir. · 1989 · signal: see also · confidence medium
See also Wood v. Santa Barbara Chamber of Commerce, 699 F.2d 484, 485 (9th Cir.1983).
cited Cited "see, e.g." Glanzman v. Uniroyal, Inc.
9th Cir. · 1989 · signal: see also · confidence medium
See also Wood v. Santa Barbara Chamber of Commerce, 699 F.2d 484, 485 (9th Cir.1983).
Retrieving the full opinion text from the archive…
Michael R. WOOD, Individually and D/B/A National Photo Services, Plaintiff-Appellant,
v.
SANTA BARBARA CHAMBER OF COMMERCE, INC., Et Al., Defendants-Appellees
82-5377.
Court of Appeals for the Ninth Circuit.
Feb 15, 1983.
699 F.2d 484
Michael R. Wood, in pro per., Charles L. Irvin, Houston, Tex., for defendants-appellees.
Wright, Choy, Hall.
Cited by 25 opinions  |  Published
PER CURIAM:

This case, a consolidation of 36 suits filed by Wood throughout the country, is the latest in a series of suits brought by Wood and arising out of the same or similar alleged incidents. The complaint charges almost 300 defendants with copyright infringement, common-law unfair competition, violation of the Sherman Act, and conspiracy to commit trade libel. Wood appeals the district court’s dismissal of the complaint. For the reasons cited below, we affirm.

We will not overturn a district court’s dismissal of a complaint unless the district court has abused its discretion. Nevijel v. North Coast Life Insurance Co., 651 F.2d 671, 674 (9th Cir.1981); Schmidt v. Herrmann, 614 F.2d 1221, 1223-24 (9th Cir.1980). Under the circumstances of this case, the district court committed no such abuse of discretion. Wood’s first complaint involved so many defendants and alleged, in vague and conclusory language, so many wrongs, that it was impossible to comprehend the allegations against any particular defendant.

The district court, recognizing that Wood was acting pro se, gave him an opportunity to state his complaint orally. The court then instructed Wood as to how to amend his complaint in order to meet the requirements of the Federal Rules of Civil Procedure. As has been his practice in his other appearances before the courts of this circuit, Wood ignored the district court’s instructions and submitted a confused and incomprehensible amended complaint. Not only was the district court well within its discretion in dismissing the complaint under these circumstances, the court was also exercising its “inherent power ..., in the interest of the orderly administration of justice, to dismiss for disobedience of court orders.” O’Brien v. Sinatra, 315 F.2d 637, 641 (9th Cir.1963); accord Flaska v. Little River Marine Construction Co., 389 F.2d 885, 887 (5th Cir.), cert. denied, 392 U.S. 928, 88 S.Ct. 2287, 20 L.Ed.2d 1387 (1968).

Wood’s allegations, in their various incarnations, have been considered by this court and the district courts of this circuit on numerous occasions. E.g., Wood v. McEwen, 644 F.2d 797 (9th Cir.1981), cert. denied, 455 U.S. 942, 102 S.Ct. 1437, 71 L.Ed.2d 654 (1982); Wood v. Santa Barbara Chamber of Commerce, 507 F.Supp. 1128 (D.Nev.1980). Each time, the district court has dismissed the complaint because of Wood’s flagrant abuse of the discovery process and/or his failure to comply with the Federal Rules of Civil Procedure, local rules, and various court orders, and each time, this court has affirmed. Still, Wood doggedly persists in resubmitting the same action and conducting himself in the same manner.

We dispensed with oral argument of this latest appeal because it is frivolous, vexatious, and entirely unmeritorious. By this appeal and the several motions relating to it, Wood and his counsel, Christopher A. Brose, have caused unnecessary expenditure of judicial time as well as harassment of the numerous parties involved. Federal Rule of Appellate Procedure 38 grants this court discretion to award damages, attorneys' fees, and single or double costs as a sanction against bringing such a frivolous appeal. McConnell v. Critchlow, 661 F.2d 116, 118 (9th Cir.1981); Wood v. McEwen, 644 F.2d 797, 802 (9th Cir.1981). Further, 28 U.S.C. § 1927 authorizes this court to award fees and excess costs against counsel who “multiplies the proceedings of any case unreasonably and vexatiously.” McConnell v. Critchlow, 661 F.2d at 118. Pursuant to this authority, we award damages of $1,250, including costs and attorneys’ fees, to each of the eight groups of appellees filing a brief in this appeal, for a total award of[*486] $10,000. [1] We make this award jointly and severally against Wood and attorney Brose.

Wood’s motions (1) to disqualify the panel judges; (2) for reconsideration of the panel’s order dispensing with oral argument; and (3) to assign the hearing of oral argument to another panel of the court are all denied.

No petition for rehearing will be entertained and the mandate is to issue forthwith.

1

. Answering briefs were filed in this appeal by the following groups of appellees: (1) Arizona Daily Star, Salem Capitol Journal, et al.; (2) The Bakersfield Californian; (3) Cavalletto, Webster, Mullen & McCaughey and James W. Brown; (4) “Certain Media Appellees, City of Santa Barbara, County of Santa Barbara”; (5) Hugh J. Haferkamp, Arvid Johnson, Chace Company Advertising, Inc., et al.; (6) Microfilming Corporation of America; (7) Texaco, Inc.; and (8) Western Oil and Gas Association and Harry Morrison. Other appellees adopted by reference the briefs filed by these eight groups.