Thompson v. Ioane

A defendant cannot be deemed a vexatious litigant under CCP 391(b)(4) for having been sued on the same facts by someone else.  CCP 391(b)(4) defines “vexatious litigant” to include a person found by any state or federal court to be a vexatious litigant in an action involving substantially similar facts to the case before the court.  This decision holds that the subsection applies only to a litigant who is a plaintiff in the case before the court.  A defendant cannot be deemed a vexatious litigant for having been sued on the same facts by someone else.

California Court of Appeal, Sixth District (Elia, J.); May 25, 2017; 2017 WL 2288983

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