The statute says “where the litigation is proposed to be filed.” That of course would be the Superior Court. Yet, the matter will be reviewed by the Court of Appeal.
391.7. (a) In addition to any other relief provided in this title,
the court may, on its own motion or the motion of any party, enter a
prefiling order which prohibits a vexatious litigant from filing any
new litigation in the courts of this state in propria persona without
first obtaining leave of the presiding justice or presiding judge of
the court where the litigation is proposed to be filed.
Your question contains no facts that help here. If the appellate court or lower court entered an order that the litigant cannot file anything without permission then you may need to get permission to file an appeal. Unless there is an order barring the litigant from filing an appeal etc then permission is not needed to appeal a final order. However, winning on appeal is difficult and rare unless the lower court make a big mistake.
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Employment / Labor Attorney
Well if you have been deemed by your local courts as a vexatious litigant already, you would definitely need approval from whatever court you are trying to file in. If you are appealing a lower court final order or judgment, you would probably want to make the appeals court aware that you have been deemed a vexatious litigant when you file your petition for review. In Washington at least, the appeals court would have a commissioner review the petition before it ever got to the appellate judges. Just be aware that, in Washington at least, if an appeal is deemed frivolous, you may get dinged with sanctions including paying the other side's attorney fees and costs. I might recommend you consult a local attorney about your local rules practice.
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Construction / Development Lawyer
An answer to your specific question requires a review of information and documents. You need to consult with an attorney.
Generally, a vexatious litigant needs to seek permission from the presiding judge before filing any new action. An appeal of an order deeming someone vexatious might not require the pre-filing permission.
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You can file the Notice of Appeal, but you will need to file a motion for permission to prosecute the appeal beyond that, in the Court of Appeal.
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