Case Summary

p1617 REV DENIED Code of Civil Procedure § 391 permits a court to declare a plaintiff a vexatious litigator if the plaintiff prosecutes at least five unsuccessful litigations, other than small claims, in propria persona within a seven year period. An adverse appeal with respect to any defendant in a case qualifies as an unsuccessful litigation, as does the dismissal of an appeal, but the summary denial of a writ petition does not qualify if the court did not deny the writ for lack of substantive merit or for a procedural defect.

FINK v SHEMTOV (Vexatious Litigant) 180 CA4 1160 REV DENIED [See CCP §391, §391.7]