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Should a vexatious litigant request permission to file a Notice of Appeal from the Superior Court or Court of Appeal?

Manteca, CA |

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.


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Attorney answers 4

Posted

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.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Illinois. Responses are answers to general legal questions and the receiver of such question should consult a local attorney for specific answers to questions.

Asker

Posted

Thank you for your reply. I would like to believe that permission to file an appeal is not needed, as you say, but, that is what the Court of Appeal instructed me to do--on the basis that I am designated a vexatious litigant. The Court of Appeal then denied me that permission because I am designated a vexatious litigant. A closer reading of the Code above describes which Court the permission is to be addressed: “where the litigation is proposed to be filed.” I appreciate your reaching out of your range of law and state as no California nor appeals attorney has responded. I hoped to get a response from a California attorney that is familiar with this exact question as I cannot find any caselaw or discussion on point.

Posted

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.

This response in no way indicates an attorney-client relationship and any statements or comments herein are offered only as general thoughts in response to your question.

Asker

Posted

Thank you for your reply. As in my comment above, I also thank you for reaching outside of your state, especially as you noticed no California attorney submitted a reply. I expect Washington to have the same or similar guidelines to determine if an appeal is frivolous, but since you suggest it, I will confirm that in case this matter transfers there.

Posted

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.

Kevin Samuel Sullivan

Kevin Samuel Sullivan

Posted

it might spend on whether the state district court of appeal has deemed you vexatious. talk to a local lawyer. good luck.

Posted

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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