Vexatious Litigant Order Reversed.

A state prison inmate was declared a vexatious litigant and when he failed to furnish security in his pending case, the trial court dismissed it. On appeal, the prisoner argued that five of the actions which the trial court considered in determining he was a vexatious litigant, were not “litigations . . .finally determined adversely” to him as required by Code of Civil Procedure section 391, because they were merely lodged and not accepted for filing by the federal court after his requests for in forma pauperis status were denied. In reversing the dismissal of the instant action, the appellate court noted that in five of the cases filed by the prisoner, “no complaint was ever filed and, therefore, no action or proceeding was ever commenced” as required by section 391. (Garcia v. Lacey (Cal. App. Fifth Dist.; November 12, 2014) 231 Cal.App.4th 402, [180 Cal.Rptr.3d 45].)