John v. Superior Court of Los Angeles County

Section 391.7’s prefiling process applies to self-represented plaintiffs who have been declared vexatious litigants. Plaintiff initiated an unlawful detainer action against Defendant. Defendant largely represented herself in the case. The trial court issued a writ of possession. Defendant appealed. In a separately filed action in which Defendant was the plaintiff and appellant, the Court of Appeal declared Defendant a vexatious litigant plaintiff. The court also entered a prefiling order under Cal. Code Civ. Proc. 391.7(c) that prohibited Defendant from filing any new litigation in California courts. In the instant case, the trial court’s appellate division dismissed Defendant’s consolidated appeals. Defendant petitioned the Court of Appeal for a writ of mandate directing the appellate division in the consolidated appeals to decide the appeals on their merits. The Court of Appeal ordered the appellate division to vacate its order dismissing Defendant’s appeals, concluding that a defendant’s status as a vexatious litigant plaintiff in one matter cannot limit that same defendant’s ability to pursue her appeal in an action she did not initiate as a plaintiff. The Supreme Court affirmed, holding that 391.7’s prefiling requirements do not apply to declared vexatious litigants who are self-represented defendants appealing from an adverse judgment in litigation they did not initiate. View "John v. Superior Court of Los Angeles County" on Justia Law