Vexatious Litigant Defendant Who Appeals.

In 2011, the Legislature amended Code of Civil Procedure section 391.7, to provide expressly that a presiding justice, as well as a presiding judge, is authorized to permit the filing of new litigation by a vexatious litigant subject to a prefiling order. This appellate opinion states that a vexatious litigant defendant who appeals from an adverse judgment is not covered under 391.7’s express reference to actions by a plaintiff. Thus, the vexatious litigant’s appeal will be heard in the appellate division of the superior court on its merits. (John v. Sup. Ct. (Sylvia Chan) (Cal. App. Second Dist., Div. 7;  November 10, 2014) 231 Cal.App.4th 347, [179 Cal.Rptr.3d 856].)