PRETRIAL ADJUDICATION
...Dismissal
......Involuntary: Mandatory
.........Vexatious Litigants
4 Cards On This Topic:

CCP 391.7's dismissal provision for vexatious litigant's complaint did not apply where he was not in pro per when he ••filed•• the litigation.

Vexatious litigant cannot circumvent the vexatious litigant statutes by having another file a complaint on his behalf, but dismissal of non-vexatious litigant's separate and personal claims was improper.

Prefiling order issued per CCP 391.7(a) does not require a vexatious litigant, ••represented by counsel••, to obtain permission from presiding judge to present litigation for filing; dismissal reversed.

Trial court properly dismissed P's action where she was a vexatious litigant who violated a 2002 prefiling order precluding her from filing any new litigation in pro per without leave of court. (CCP 391.7.)