Plaintiff was properly deemed a vexatious litigant because, despite the court’s warning, she filed a third meritless motion attacking a final judgment from which she had not appealed. A trial court’s order deeming plaintiff a vexatious litigant was supported by substantial evidence. After a final judgment was entered and the appeal time had run, plaintiff filed three meritless motions attacking the judgment. Three is sufficiently numerous to be “repeated” for purposes of CCP 391(b)(2) and (3), particularly when all three motions were brought against the same defendant that sought the vexatious litigant ruling and when the trial court had warned plaintiff, in ruling on her second post-judgment motion, that a vexatious litigant order might be entered against her if she continued filing similar motions.
California Court of Appeal, Second District, Division 6 (Perren, J.); April 27, 2016; 2016 WL 1702035